Yorba Linda Municipal Code Ch. 2.08 City Manager

The office of City Manager is hereby established.

(Prior code § 2-22; Ord. 95-750 § 1, 1995)

The City Manager shall be appointed by a majority vote of the City Council. He shall be chosen by the City Council solely 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 practice in respect to the duties of his or her office hereinafter set forth. He or she need not be a resident of the City. No Councilmember shall receive the appointment during the term for which he or she shall have been elected nor within one year after the expiration of his or her term.

(Prior code § 2-23; Ord. 95-750 § 1, 1995)

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 or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall have the duties and powers set forth in Sections 2.08.040 through 2.08.290.

(Prior code § 2-26; Ord. 95-750 § 1, 1995)

The City Manager shall devote his or her entire time to the discharge of his or her official duties, unless otherwise agreed upon by the City Council.

(Prior code § 2-38; Ord. 95-750 § 1, 1995)

A. It is 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.

B. He is empowered to designate City officers, agents or employees of the City to exercise the powers authorized by Section 836.5(a) of the California Penal Code including the issuance of citations for violations of the provisions of this Code pursuant to Sections 853.5 and 853.6 of the California Penal Code.

C. He is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the City Council.

D. Any City officer, agent or employee designated by the City Manager under this section shall complete such training and education as is required by Section 832 of the California Penal Code prior to assuming any duties under this section.

E. Any City officer, agent or employee designated by the City Manager under this section shall have the powers and duties granted by this section only when performing expressly assigned duties. At all other times the officers, agents and employees shall have no status as a peace officer or any powers or authority or duties of a peace officer.

(Prior code § 2-27; Ord. 95-750 § 1, 1995)

The City Manager shall supervise and direct all officers, heads of departments and subordinate officers and employees of the City; provided, that he or she shall have no supervisory authority over the City Attorney.

(Prior code § 2-28; Ord. 95-750 § 1, 1995)

The City Manager shall appoint, remove, promote and demote any City officer or employee, except the City Attorney.

(Prior code § 2-29; Ord. 95-750 § 1, 1995)

The City Manager shall appoint, subject to approval of the City Council, one of the other officers, employees 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 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 the City Manager.

(Prior code § 2-24; Ord. 95-750 § 1, 1995)

The City Manager may consolidate, combine, eliminate or reorganize departments, offices, positions or units under his or her supervision as may be indicated in the interest of efficient, effective and economical conduct of the City's business. With the approval of the City Council, the City Manager may be the head of one or more individual departments.

(Prior code § 2-38; Ord. 95-750 § 1, 1995)

The City Manager shall attend all meetings of the City Council, unless excused therefrom, except when his or her removal is under consideration.

(Prior code § 2-32; Ord. 95-750 § 1, 1995)

The City Manager shall recommend to the City Council for adoption such measures, resolutions and ordinances as he or she deems necessary or expedient.

(Prior code § 2-31; Ord. 95-750 § 1, 1995)

The City Manager shall advise the City Council of the financial condition and requirements of the City.

(Prior code § 2-33; Ord. 95-750 § 1, 1995)

The City Manager shall prepare and submit the annual budget to the City Council and be responsible for its administration after adoption.

(Prior code § 2-34; Ord. 95-750 § 1, 1995)

The City Manager shall purchase all materials, supplies, services and equipment for which funds are provided in the budget. No purchase shall be made, contract let or obligation for any item or service which exceeds the current budget appropriation without a supplemental appropriation by the City Council. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager; provided, that the provisions of this section with respect to the actual purchase of supplies shall not apply to purchases made when required under sealed bid presented to the City Council. He shall advise the City Council on the advantages or disadvantages of contract and bid proposals.

(Prior code § 2-35; Ord. 95-750 § 1, 1995)

The City Manager shall investigate the operation and performance of the City and any department or division thereof. He shall investigate all complaints concerning the administration of the City government, the service maintained by public utilities in the City and the franchises, permits or privileges granted by the City.

(Prior code § 2-36; Ord. 95-750 § 1, 1995)

The City Manager shall exercise general supervision over all public buildings, public parks and other public property under the control and jurisdiction of the City or the City Council.

(Prior code § 2-37; Ord. 95-750 § 1, 1995)

The City Manager shall 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 action of the City Council or by State law.

(Prior code § 2-40; Ord. 95-750 § 1, 1995)

In case of accident, disaster or other circumstances creating a public emergency, the City Manager may award contracts and make purchases for the purpose of meeting such emergency. The City Manager shall file promptly with the City Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

(Prior code § 2-44; Ord. 95-750 § 1, 1995)

A. The City Manager shall receive such compensation as the City Council shall from time to time determine and fix by resolution, ordinance or contract.

B. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him 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 businesses of which reimbursement is required has been presented to the City Council for approval and has been so approved.

(Prior code § 2-25; Ord. 95-750 § 1, 1995)

The City Manager may attend all meetings of the commissions, boards or committees created by the City Council, upon his or her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof. He may inform the members as to the status of any matter being considered by the City Council, and he or she shall cooperate with the members of all commissions, board or committees appointed by the City Council.

(Prior code § 2-39; Ord. 95-750 § 1, 1995)

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; provided, that nothing herein set forth shall be construed to prevent any Councilmember from discussing matters of the City with the City Manager.

(Prior code § 2-41; Ord. 95-750 § 1, 1995)

It is 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.

(Prior code § 2-42; Ord. 95-750 § 1, 1995)

The City Council may, for cause, remove the City Manager upon a three-member vote at a regular meeting, which shall not be effective however until at least 90 days following the City Council's action and provision of written notice specifying the termination date. If requested, the City Council shall grant him/her a public hearing within the 90-day period. During the interim, the City Council may suspend the City Manager from duty, but shall continue his or her salary. The City Council may not, however, remove the City Manager within 120 days following a City Council election. In the event the City Manager breaches his or her employment agreement, the City Council may remove the City Manager upon a three-member vote at a regular or special meeting, which shall be effective upon the provision of written notice. Further terms and provisions regarding termination may be included in the City Manager's employment agreement.

(Prior code § 2-43; Ord. 95-750 § 1, 1995; Ord. 96-768 § 1, 1996)