Chapter 2.08
MANAGER
Sections:
2.08.040 Substitute in case of absence.
2.08.070 Ex officio member of boards and commissions.
2.08.080 Duty of other officers.
2.08.090 Orders and directions.
2.08.110 Removal after municipal election.
2.08.010 Office created.
The office of the city manager of Cerritos is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council. (Ord. 3 § 1, 1956)
2.08.020 Eligibility.
Residence in the city at the time of appointment shall not be required as a condition of appointment.
No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the city council. (Ord. 3 § 2, 1956)
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 determined by the city council and shall be conditioned on the faithful performance of the duties imposed on the city manager as herein prescribed. (Ord. 3 § 3, 1956)
2.08.040 Substitute in case of absence.
In case of the absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of the city manager, subject, however, to the person furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed as set forth in Section 2.08.060 herein. (Ord. 3 § 4, 1956)
2.08.050 Compensation.
The city manager shall receive such compensation as the city council, shall from time to time determine and fix, and the compensation shall be a proper charge against funds of the city and the city council shall designate such funds.
The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his 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 which reimbursement is requested, has been presented to the city council, and by the city council duly approved and allowed. (Ord. 3 § 5, 1956)
2.08.060 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 chapter. He shall be 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 thereon, it shall be his duty and he shall have the power:
(1) To see that the laws of the state of California 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;
(2) To control, order and give directions to all heads of departments, subordinate officers and employees of the city, except the city clerk, the city attorney and the city treasurer; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his direction;
(3) To appoint, promote discipline, demote and remove any officers and employees of the city, except the city clerk, city attorney and the city treasurer;
(4) To 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, city attorney, and the city treasurer;
(5) To attend all meetings of the city council and its committees unless excused therefrom by the city council, except when his removal is under consideration by the city council;
(6) To recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient;
(7) To keep the city council at all times fully advised as to the financial conditions and needs of the city;
(8) To prepare and submit to the city council the annual budget and to administer it after adoption;
(9) To purchase or cause to be purchased all supplies for all of the departments or divisions of the city;
(10) To make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligation running to the city;
(11) To investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed;
(12) To 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 and not specifically delegated to a particular board or officer;
(13) To devote his time as required by the duties and interest of the city;
(14) To make reports and recommendations as may be desirable or as requested by the city council;
(15) To serve in any appointed officer or head of department within the city government to which he may be qualified when appointed thereto by the city council and to hold and perform the duties thereto by the pleasure of the city council;
(16) To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the city council;
(17) To designate officers or employees of the city who shall have the authority under California Penal Code Section 836.5 and Section 1.08.040 of this code to make arrests and issue notices to appear, to establish procedures and rules governing the conduct of said officers and employees, and to specify what ordinances the officers and employees shall have the duty to enforce if other than all ordinances of the city;
(18) To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution of the city council. (Ord. 584 § 2, 1981; Ord. 3 § 6, 1956)
2.08.070 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 the city council pursuant to law, with a right to participate in all deliberations or actions by his voice but without vote. (Ord. 3 § 7, 1956)
2.08.080 Duty of other officers.
It shall be the duty of all subordinate officers, including the city clerk, the city treasurer, and the city attorneys, 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. 3 § 8, 1956)
2.08.090 Orders and directions.
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 members thereof shall give orders to any subordinates of the city manager. (Ord. 3 § 9, 1956)
2.08.100 Removal generally.
The removal of the city manager shall be only on a majority vote of the whole council. (Subject, however, to the provisions of the next succeeding section.) In case of his intended removal by the council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reasons therefor at least thirty days before the effective date of his removal.
Within seven days after delivery to the city manager of the notice, he may by written notification to the city clerk request a public hearing before the council. Thereafter, the council shall fix a time for the public hearing, which shall be held at its usual meeting place, but before the expiration of the thirty day period, and at which time the city manager shall appear and be heard.
After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid public hearing.
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 or degree of proof at the hearing, the purpose of which is to allow the city manager to publicly present to the city council his grounds of opposition to removal prior to its action. (Ord. 3 § 10, 1956)
2.08.110 Removal after municipal election.
Notwithstanding the provisions of Section 2.08.100, the city manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election held in the city at which election 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 ninety day period aforementioned, the provisions of Section 2.08.100 as to the removal of the city manager shall apply and be effective. (Ord. 3 § 11, 1956)