Chapter 2.06 CITY MANAGER

The office of the city manager is hereby created and established in and for the city. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-77); Ord. 2001-005 § 1 (1-2-77)].

2.06.020 Appointment – Term.

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. Nothing in this section shall be deemed to preclude the city council from entering into a written employment contract with the city manager for a term of years and/or with additional terms and conditions of employment not inconsistent with any provisions of this title. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-78); Ord. 2001-005 § 1 (1-2-78)].

2.06.030 Eligibility.

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-79); Ord. 2001-005 § 1 (1-2-79)].

2.06.040 Residence.

Residence in the city shall not be required as a condition of the appointment, but within 180 days after reporting for work the city manager must establish residence that is located within the boundaries of Orange County and south of the 55 Freeway unless the city council approves his or her residence elsewhere. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-80); Ord. 2002-042 § 1; Ord. 2001-005 § 1 (1-2-80)].

2.06.050 City manager.

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. In the event the city manager’s absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-81); Ord. 2001-005 § 1 (1-2-81)].

2.06.060 Bond.

The city manager and acting 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 upon the faithful performance of the duties imposed upon the city manager and acting city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-82); Ord. 2001-005 § 1 (1-2-82)].

2.06.070 Compensation.

A. The city manager shall receive such compensation as the city council shall from time to time determine.

B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties.

C. On termination of employment of the city manager for any reason other than for willful misconduct in office, the city manager shall receive cash severance pay as the city council shall from time to time determine. Termination of employment shall include reduction in pay not applicable to all employees of the city.

D. Notwithstanding anything to the contrary in the foregoing subsections (A), (B) and (C) of this section, the city council may vary the city manager’s compensation provisions pursuant to a written employment contract for a term of years. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-83); Ord. 2002-042 § 2; Ord. 2001-005 § 1 (1-2-83)].

2.06.080 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 or instructions 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 convened meeting of the city council and no individual council member shall give any orders or instructions to the city manager. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-84); Ord. 2001-005 § 1 (1-2-84)].

2.06.090 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. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-85); Ord. 2001-005 § 1 (1-2-85)].

2.06.100 Attendance at commission meetings.

The city manager may attend any and all meetings of all 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, and he or she shall inform said members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-86); Ord. 2001-005 § 1 (1-2-86)].

2.06.110 Removal – Procedure.

The removal of the city manager shall be effected by a majority vote of the whole city council as then constituted, convened in a regular council meeting. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-87); Ord. 2001-005 § 1 (1-2-87)].

2.06.120 Discretion of council.

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 of cause. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-87.1); Ord. 2001-005 § 1 (1-2-87.3)].

2.06.130 Limitations on removal.

Notwithstanding the provisions of AVMC 2.06.110 and 2.06.120, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in or when a new city council member is appointed; the purpose of this provision is to allow any newly elected or appointed 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 or her office. After the expiration of such 90-day period, the provisions of this chapter and the city manager’s employment agreement governing the removal of the city manager shall apply. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-87.2); Ord. 2001-005 § 1 (1-2-87.4)].

2.06.140 Powers and duties – Generally.

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 title. He or she 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, it shall be his or her duty and he or she shall have the powers set forth in this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-88); Ord. 2001-005 § 1 (1-2-88)].

2.06.150 Powers and duties – Power of appointment and removal.

It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers or employees of the city other than those officers required by law to be appointed by the city council, subject to all applicable personnel ordinances, rules and regulations. [Ord. 2010-126 § 1 (Exh. A); Ord. 2005-078 § 1 (1-2-88.2); Ord. 2001-005 § 1 (1-2-88.2)].

2.06.160 Powers and duties – Administrative reorganization of offices.

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. [Ord. 2001-005 § 1 (1-2-88.3)].

2.06.170 Powers and duties – Ordinances.

It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary. [Ord. 2001-005 § 1 (1-2-88.4)].

2.06.180 Powers and duties – Attendance at council meetings.

It shall be the duty of the city manager to attend all meetings of the city council unless at his or her request he or she is excused therefrom by the chair individually or the city council, except when his or her removal is under consideration. [Ord. 2001-005 § 1 (1-2-88.5)].

2.06.190 Powers and duties – 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 needs of the city. [Ord. 2001-005 § 1 (1-2-88.6)].

2.06.200 Powers and duties – 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. [Ord. 2001-005 § 1 (1-2-88.7)].

2.06.210 Powers and duties – Expenditure control and purchasing.

It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his or her authorized representative. The city manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city. [Ord. 2001-005 § 1 (1-2-88.8)].

2.06.220 Powers and duties – Investigations and complaints.

It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, 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. [Ord. 2001-005 § 1 (1-2-88.9)].

2.06.230 Powers and duties – Public buildings.

It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council. [Ord. 2001-005 § 1 (1-2-88.10)].

2.06.240 Powers and duties – 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 official action of the city council. [Ord. 2001-005 § 1 (1-2-88.11)].