Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office created – Appointment – Qualifications.
2.08.050 Removal – Procedure generally.
2.08.060 Removal – Restriction.
2.08.090 Ex officio member of boards and commissions.
2.08.100 Duty of other officers.
2.08.110 Council to deal with administrative services through city manager.
2.08.010 Office created – Appointment – Qualifications.
The office of city manager is hereby created and established. The city manager shall be appointed by the city council on the basis of administrative and executive ability and shall hold office at and during the pleasure of the city council. The city manager shall, at a minimum, meet the following criteria: (A) hold a baccalaureate degree (Master’s preferred) from an accredited college or university and/or (B) have served as a city manager, city administrator, assistant city manager, deputy or other equivalent executive management position thereof in the public or private sector for at least three years. Candidates will be considered for appointment based upon a combination of education, experience and/or ability to perform the duties and responsibilities of the position of city manager as determined in the sole discretion of the city council. (Ord. 816 § 1, 2008; Ord. 742 § 1, 2001; Ord. 730 § 1, 2000; Ord. 316 § 12, 1973; prior code § 2100).
2.08.020 Eligibility.
No member of the city council shall be eligible for appointment as city manager until three years have elapsed after such councilmember has ceased to be a member of the city council. (Ord. 742 § 2, 2001; Ord. 730 § 2, 2000; Ord. 316 § 12, 1973; prior code § 2101).
2.08.030 Bond.
The city manager shall furnish a corporate surety bond to be approved by the city council, in such sum as may be approved by the council, which shall be conditioned on the faithful performance of the duties imposed on the city manager as prescribed in this code. (Ord. 316 § 12, 1973; prior code § 2102).
2.08.040 Absence – Procedure.
In case of the absence or disability of the city manager, or a vacancy in the office of city manager, the city council may designate some duly qualified person or persons to perform all or specified duties of the city manager, during the period of absence of a city manager. Said person or persons shall furnish a corporate surety bond in an amount set by the city council.
In the alternative, the mayor and mayor pro tem with the advice of the city attorney may delegate specific duties of the city manager as required to qualified city employees. The city council by a majority vote may amend, modify, or rescind any delegation of specified city manager’s duties delegated pursuant to this section. (Ord. 660 § 1, 1996; Ord. 316 § 12, 1973; prior code § 2103).
2.08.050 Removal – Procedure generally.
The city council shall appoint the city manager for an indefinite term, and may remove him at will by a three-member vote, effective after 30 days’ notice. The city council, in removing the city manager, shall use its uncontrolled discretion, and its action shall be final. (Ord. 316 § 12, 1973; prior code § 2104).
2.08.060 Removal – Restriction.
Notwithstanding the provisions enumerated in BGMC 2.08.050, the city manager shall not be removed from office during or within the period 30 days next succeeding any general municipal election held in the city at which a member of the city council is elected. 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. After the expiration of the aforementioned 30 days, the provisions of BGMC 2.08.050 as to the removal of the city manager shall apply and be effective. (Ord. 316 § 12, 1973; prior code § 2105).
2.08.070 Reimbursement.
The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties, or incurred when travelling 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 which reimbursement is requested, has been presented to the city council, and duly approved and allowed by the city council. (Ord. 316 § 12, 1973; prior code § 2106).
2.08.080 Powers and duties.
The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in this code. He shall be responsible for the efficient administration of all of the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the power to:
A. See that the laws of the state pertaining to the city, and all laws and ordinances of the city, are duly enforced, and that all franchises, permits, and privileges granted by the city are faithfully observed;
B. Control, order, give directions to, appoint, promote, discipline, and demote or remove all heads of departments and all subordinate officers and employees of the city except the city clerk, the city attorney, and the city treasurer; to recommend to the city council the transfer of employees from one department to another; and to consolidate or combine offices, positions, departments, or units under his jurisdiction;
C. Exercise control over, and to supervise in general, all departments and divisions of the city government and all appointive officers and employees thereof except the city clerk, the city attorney, and the city treasurer;
D. Exercise general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the city council;
E. Devote his entire time to the duties and interests of the city;
F. Perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution, or other action of the city council. (Ord. 316 §§ 12, 13, 1973; prior code § 2107).
2.08.090 Ex officio member of boards and commissions.
The city manager shall be an ex officio member of all boards and commissions appointed by the mayor or city council, pursuant to law, with a right to participate in all deliberations or actions by his voice, but without vote. (Ord. 136 § 12, 1973; prior code § 2108).
2.08.100 Duty of other officers.
It shall be the duty of all subordinate officers and of the city clerk, the city treasurer, and the city attorney 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 the ordinances of the city. (Ord. 316 § 12, 1973; prior code § 2109).
2.08.110 Council to deal with administrative services through city manager.
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. (Ord. 316 § 12, 1973; prior code § 2110).