Chapter 2.08
CITY MANAGER
Sections:
2.08.040 Administrative responsibilities.
2.08.050 Administrative relations.
2.08.070 Agreements on employment.
2.08.010 Office established.
There is established the office of City Manager. The City Manager shall be appointed by the Council wholly on the basis of administrative and executive abilities and serve at the pleasure of the Council. (Ord. 448 § 1, 1989).
2.08.020 Residence.
Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment.
2.08.030 Acting 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, at the City Manager’s discretion, a City officer or a qualified City employee to exercise the powers and perform the duties of City Manager during any temporary absence or disability. (Ord. 535 § 2, 1997; Ord. 448 § 1, 1989).
2.08.040 Administrative responsibilities.
The City Manager shall be the administrative head of the government of the City under the direction and control of the Council.
A. Authority. The City Manager is held responsible for the efficient administration and management of all the affairs of the City and shall have the authority to control, order and give direction to all department heads and to subordinate officers and employees of the City. Unless otherwise specified in this code, the City Manager shall have the authority to appoint, dismiss, reassign, promote and demote any officer or employee of the City, subject to all applicable personnel ordinances, rules and regulations.
B. Law Enforcement. The City Administrator shall enforce all laws and ordinances of the City and see that all franchises, contracts, permits and privileges granted by the Council are faithfully observed.
C. Reorganization of Offices. The City Manager shall conduct studies and effect such administrative reorganization of offices, positions or units as required in the interest of efficient, effective and economical conduct of the City’s business.
D. Ordinances. The City Manager shall recommend to the Council for adoption such ordinances and resolutions as the City Manager deems necessary.
E. Attendance at Council Meetings. The City Manager shall attend all Council meetings unless excused therefrom by the Mayor.
F. Financial Reports. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City.
G. Budget. The City Manager shall prepare and submit the proposed annual budget to the Council for its approval.
H. Expenditure Control and Purchasing. No expenditures shall be submitted or recommended to the Council except on approval of the City Manager in accordance with the City’s purchasing ordinance.
I. Investigations. The City Manager shall investigate 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.
J. Public Buildings. The City Manager 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.
K. Additional Duties. The City Manager shall 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 official action of the Council.
L. Personnel Director. Until a separate position is created and an appointment is made, the City Manager shall perform all duties that would otherwise be performed by a personnel director. (Ord. 470 §§ II, III, 1992; Ord. 448 § 1, 1989).
2.08.050 Administrative relations.
A. Individual Councilmembers may impart, inform, acquaint or apprise the City Manager for the purpose of assisting the City Manager in the performance of duties of office. The City Manager shall take orders and instructions from the Council only when sitting in a duly convened meeting of the Council and no individual Councilmember shall give any orders or instructions to the City Manager.
B. All subordinate departments shall report to and assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.
C. The City Manager may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the Council, upon the City Manager’s own volition or upon direction of the Council. At such meetings which the City Manager attends, the City Manager shall be heard by such commissions, boards or committees as to all matters upon which the City Manager wishes to address the members thereof, and the City Manager may inform those members as to the status of any matter being considered by the Council. The City Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the Council. (Ord. 448 § 1, 1989).
2.08.060 Removal procedure.
A. Removal. The removal of the City Manager shall be effected only by a majority vote of the Council as then constituted, convened in a regular Council meeting. The City Manager shall be furnished with a written notice stating the Council’s intention to vote to remove the City Manager at least 30 days before such vote. Within seven days of the notice, the City Manager may request the Council to provide reasons for the intended removal. The Council shall provide such reasons in writing within seven days after the receipt of such request and at least 15 days prior to the vote.
B. Hearing. Within seven days after the delivery to the City Manager of such notice of intention to remove, the City Manager may, by written notification to the City Clerk, request a hearing before the Council. Thereafter the Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the 30-day period, at which the City Manager shall appear and be heard, with or without counsel.
C. Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the Council may suspend the City Manager from duty, but the City Manager’s compensation shall continue until the City Manager’s removal by action of the Council.
D. Discretion of Council. In removing the City Manager, the Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any hearing, the purpose of which is to allow the City Manager to present to the Council the City Manager’s grounds of opposition to removal prior to any Council vote regarding same.
E. Limitation on Removal. Notwithstanding the provisions of this section as set forth above, the City Manager shall not be removed from office, other than for misconduct in office, within 90 days of the date any Councilmember takes office, whether by election or appointment.
2.08.070 Agreements on employment.
Nothing in this chapter shall be construed as a limitation of the power or authority of the Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. (Ord. 448 § 1, 1989).