Chapter 2.08
CITY MANAGER1
Sections:
2.08.060 Residence requirement.
2.08.070 Powers and duties generally.
2.08.080 Attendance at commission meetings.
2.08.090 Council-manager relations.
2.08.100 Departmental cooperation.
2.08.120 Removal – Council discretion.
2.08.130 Removal – Limitation.
2.08.140 Additional regulations.
2.08.010 Office created.
The office of the city manager is created. The city council appoints the city manager and shall make the appointment wholly on the basis of his administrative and executive ability and qualifications. The city manager holds office at the pleasure of the city council. (Prior code § 2-201).
2.08.020 Eligibility.
A member of the city council is not eligible for appointment as city manager until one year elapses after the council member ceases to be a member of the council. (Prior code § 2-203).
2.08.030 Acting city manager.
The assistant city manager serves as manager pro tempore during the temporary absence or disability of the city manager. If there is no assistant city manager, the city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability by filing a written notice with the city clerk. If the city manager’s absence or disability extends over a two-month period, the city council may appoint an acting city manager. (Prior code § 2-205).
2.08.040 Bond.
The city manager and acting city manager shall furnish a corporate surety bond approved by the city council in such sum as the city council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager. The premium for the bond is a proper charge against the city. (Prior code § 2-204).
2.08.050 Compensation.
A. The city manager receives such compensation as the city council determines from time to time.
B. The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. (Ord. 00-2; prior code § 2-206).
2.08.060 Residence requirement.
Residence in the city at the time of appointment of the city manager is not a condition of the appointment; however, within 180 days after reporting for work the city manager shall become a resident of the city unless the city council approves his residence outside the city. (Prior code § 2-202).
2.08.070 Powers and duties generally.
The city manager is the administrative head of the government of the city, subject to the direction and control of the city council. He is responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head and not as a limitation on them, the city manager shall:
A. Enforce the laws and ordinances of the city and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed;
B. Control, order and give directions to all heads of departments and to subordinate officers and employees of the city who are subject to removal by him;
C. Appoint, remove, promote and demote each officer and employee of the city, excepting the city attorney and city auditor and excepting the chief of police when the city council has appointed the same person to the positions of chief of police and city manager, subject to personnel ordinances, rules and regulations;
D. Conduct studies and effect such administrative reorganization of offices, positions and units under his direction as are in the interest of efficient, effective and economical conduct of the city’s business;
E. Recommend to the council for adoption such measures and ordinances as he considers necessary;
F. Attend all meetings of the council unless he is excused by the mayor individually or the council, except when his removal is under consideration;
G. Keep the council advised at all times as to the financial condition and needs of the city;
H. Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval;
I. See that no expenditures are submitted or recommended to the council except on approval of the city manager or his authorized representative. The city manager or his authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the city;
J. Make investigations into the affairs of the city and each department and division of it and each contract and its proper performance by the city. The city manager shall investigate all complaints of matters concerning the administration of the city government and of the service maintained by public utilities in the city;
K. Exercise general supervision over all public buildings, public parks, and all other public property under the control and jurisdiction of the council;
L. Perform such other duties and exercise such other powers as the city council delegates to him from time to time. (Ord. 99-2 N.S; prior code § 2-207).
2.08.080 Attendance at commission meetings.
The city manager may, and upon request of the city council shall, attend meetings of the planning commission, and other commissions, boards and committees created by the council. At these meetings which the city manager attends, boards or committees shall hear the city manager upon matters which he wishes to address the members and he shall inform the members as to the status of matters being considered by the council. He shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council. (Prior code § 2-210).
2.08.090 Council-manager relations.
Each member of the city council shall deal with the administrative services of the city through the city manager, except for the purpose of inquiry. Neither the council nor a member of the council shall give orders or instructions to subordinates of the city manager. The city manager shall take his orders and instructions from the council only when the council is sitting in a duly convened meeting and no individual councilman shall give orders or instructions to the city manager. (Prior code § 2-208).
2.08.100 Departmental cooperation.
Each subordinate officer and the city clerk, city auditor, city treasurer and the city attorney shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Prior code § 2-209).
2.08.110 Removal – Procedure.
The city manager may be removed only by a majority vote of the whole city council as then constituted, convened in a regular council meeting. In case of his removal by the council, the council shall furnish the city manager with a written notice stating the council’s intention to remove him at least 30 days before the effective date of his removal. If the city manager so requests, the council may provide in writing reasons for the removal. The council may provide the city manager with these written reasons within seven days after the receipt of a request from the city manager. The city manager may make his request for the reasons in writing at least 15 days before the effective date of his removal. (Prior code § 2-211).
2.08.120 Removal – Council discretion.
In removing the city manager, the council has absolute discretion and its action is final and conclusive and does not depend upon any particular showing or degree of proof at the hearing. (Prior code § 2-212).
2.08.130 Removal – Limitation.
The city manager may not be removed from office, other than for misconduct in office, during the period of 90 days following:
A. A general municipal election held in the city at which a member of the city council is elected; or
B. The time when a new city councilman is appointed.
The purpose of this section is to allow each 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 office. (Prior code § 2-213).
2.08.140 Additional regulations.
This chapter is not a limitation on the power or authority of the city council to enter into a supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with this chapter. (Prior code § 2-214).
For statutory provisions on the city manager, see Government Code § 34851 et seq.