Willits Municipal Code Ch. 2.08 City Manager

The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the city council.

(Ord. 88-10 § 2(part); Ord. 86-2 § 3(part)).

Residence in the city at the time of appointment shall not be required as a condition of appointment, but within a reasonable time thereafter which shall be negotiated with the city council at the time of appointment, the city manager must become a resident of the city or the city council shall declare the office of the city manager to be vacant.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

No person elected or appointed to membership on the city council shall, subsequent to such election or appointment be eligible for appointment as city manager until one year has elapsed following the expiration of the last term for which he or she was elected or appointed.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

The 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 on a faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and his or her failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of said city manager, subject, however, to said person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 2.08.040.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

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 said compensation and expenses shall be a proper charge against such funds of the city as the city council designates.

Said city manager shall be reimbursed of all sums necessarily incurred or paid by that person in the performance of his or her 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, and has been presented to the city council for approval.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

The city manager shall serve directly under the supervision and control of the city council in a purely administrative capacity. The powers and duties of the city manager shall be as follows:

A. To supervise and coordinate on behalf of the city council, such of its administrative functions and to exercise control of such affairs of the city as may be placed in his or her charge;

B. To attend meetings of the city council, except when excused therefrom by the council, to report on and discuss with the council any matter concerning the affairs of the departments, services, or activities under his or her supervision upon which, in the city manager's judgment the city council should be informed, or as to which the council requires information;

C. To assist the city council in coordinating the administrative functions and operations of the various departments, divisions, properties and services of the city government, and on its behalf carry out the policies, rules and regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, divisions, properties or services;

D. To analyze the functions, duties and activities of the various departments, divisions, properties and services of the city government, and of all employees thereof, and to make such recommendations to the city council with reference thereto as in the city manager's judgment will result in the highest degree of efficiency in the overall operation of the city government;

E. To cause to be prepared and submitted to the city manager by each department, division or service of the city government, itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget, and submit the same to the city council before the tenth day of June of each year, with the recommendation as to such changes which the city manager deems advisable;

F. To be responsible under council direction for the administration of the financial affairs of the city, and to keep the city council informed with respect thereto;

G. As agent for the city council, to supervise the expenditures of all departments, divisions, properties or services of the city government, and to act as purchasing agent for the purchase of all supplies, goods, wares, merchandise, equipment and material which may be required to any of such departments, divisions, properties or services;

H. To prepare and verify all claims upon the city before warrants therefor are drawn by the proper fiscal officer;

I. To recommend to the city council necessary public improvement projects and programs, and to aid and assist the city council and the various departments in carrying the same through the successful conclusion;

J. To prepare and submit to the city council an organization chart, showing the organizational plan for all departments of the city government;

K. To serve as the public relations officer of the city government; to investigate all complaints, to follow and endeavor to adjust all meritorious complaints filed against any employee, department, division or service thereof;

L. To cooperate with all the community organizations whose aim and purpose it is to advance the spiritual, temporal and material interests of the city and its people, and to provide them with assistance through the city government;

M. To make and keep up to date an inventory of all property, real and personal, owned by the city, and to recommend to the city council the purchase of new property whenever in his or her judgment the same can be obtained at the best advantage, taking into consideration trade in value of property in use;

N. With the approval of the city council to transfer city-owned equipment, machinery, furnishings, supplies, materials and furniture from one department to another, or the disposal of the same for the benefit of the city whenever in his or her judgment the transfer or disposal thereof would be advantageous to the city government;

O. To make studies and surveys of the duties, responsibilities and work of the personnel in the various departments, divisions and services of the city government, and with the approval of the city council to transfer, abolish, or consolidate positions, whenever in his or her judgment such action would increase efficiency in the administration of the city government;

P. To receive and open all mail addressed to the city council, and give immediate attention thereto, to the end that all administrative business referred to it in said communications, and not necessarily requiring action by the city council, may be disposed of between council meetings; providing, that all actions taken pursuant to such communications shall be reported to the city council at its next regular meeting thereafter;

Q. To exercise general supervision over all public property which is under the control and jurisdiction of the city council;

R. It shall be the duty of the city manager to, and he or she shall appoint, remove, promote and demote any and all officers and employees of the city, as established by resolution of the city council, subject to all applicable personnel ordinances, resolutions, rules and regulations;

S. It shall be the duty for the city manager to perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other action of the city council.

(Ord. 88-10§§2 (part), 3; Ord. 86-2 §3 (part))

The city manager shall be an ex officio member of all boards and commissions appointed by the mayor and the city council pursuant to law, with a right to participate in all deliberations and actions by the city manager's voice but without vote.

(Ord. 88-10 § 2(part); Ord. 86-2 § 3(part)).

It shall be the duty of the city manager to devote his or her entire normal working time to the duties of this office in the interests of the city.

(Ord. 88-10 § 2(part); Ord. 86-2 § 3(part)).

The city manager shall act as the agent for the city council in the discharge of its administrative functions, but shall not exercise any policymaking or legislative functions whatsoever nor attempt to commit or bind the city council or any member thereof to any action, plan or program requiring official council action. Except as provided at WMC Ch. 3.09, the city manager must obtain city council approval for any expenditure in excess of twenty-five thousand dollars. It is not intended by this chapter to grant any authority to, or impose any duty upon said city manager which is vested in or imposed by general law or valid city ordinances in any other city commission, board, department, officer or employee.

(Ord. 16-04; Ord. 00-3 § 2; Ord. 88-10 § 2(part); Ord. 86-2 § 3(part)).

(Ord. No. 2021-02, § 3, 12-8-2021)

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 tact, patience and courtesy in his or her contacts with the public and with 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 highest possible standards of public service be continuously maintained.

(Ord. 88-10 § 2(part); Ord. 86-2 § 3(part)).

A. The removal of the city manager shall be only upon a three-member vote of the whole council. In case of his or her intended removal, the city manager shall be furnished with written notice of such intention to remove, at least thirty days before the effective date of such removal. Within seven days after receipt of such notice, the city manager may by written notice, request a public hearing before the council, and thereafter the council shall fix a time for said public hearing at its usual meeting place, but before the expiration of the thirty-day period, at which time the city manager may appear and be heard.

B. 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 which is for the city manager to publicly present to the city council their grounds for opposition to removal prior to its action.

C. Notwithstanding the provisions enumerated in this section, no proceedings to remove the city manager from office shall be commenced during or within the 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. The purpose of this provision is to allow any newly elected member to 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 or her office. After the expiration of said ninety-day period aforementioned, the provisions of subsections A and B of this section, as to the removal of the city manager, shall apply and be effective.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

It shall be the duty of all the subordinate officers, including the city treasurer, city attorney, city clerk, director of finance, and police chief, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).

The city council and its members shall deal with the administrative services of the city by requiring the mayor and vice-mayor, or in their absence any other city council member to attend and participate in staff and department head meetings. The mayor shall summarize and report on all such meetings to the city council at all regularly scheduled city council meetings. 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 instructions to the city manager.

(Ord. 88-10 §2 (part); Ord. 86-2 §3 (part)).