Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office established—Appointment qualifications—Term.
2.08.020 References to manager’s office in earlier documents.
2.08.030 Qualifications for office—Residency.
2.08.050 Temporary manager—Appointment—Powers and duties.
2.08.060 Compensation and expenses.
2.08.070 Removal from office—Grounds.
2.08.080 Removal from office—Limitations.
2.08.090 Powers and duties designated.
2.08.100 Council-manager relations.
2.08.110 Cooperation with other city officials.
2.08.120 Attendance at commission meetings.
2.08.010 Office established—Appointment qualifications—Term.
The office of city manager is established. The city manager shall be appointed by the city council wholly on the basis of administrative and executive ability and qualifications, and the manager shall hold office at and during the pleasure of the city council. (Ord. 385-83 § 1, 1983)
2.08.020 References to manager’s office in earlier documents.
Whenever the words “administrator” or “city administrator” or “city coordinator” appear in existing ordinances, they shall be deemed to mean and refer to the city manager, and all ordinances not expressly repealed by or not inconsistent with the provisions of this chapter, referring to or respecting the rights, duties, powers and obligations of the city administrator are continued in full force and effect. (Ord. 385-83 § 12, 1983)
2.08.030 Qualifications for office—Residency.
A. Repealed by Ord. 607-2002.
B. No person elected or appointed to membership on the city council shall, subsequent to such election or appointment, be eligible for appointment as city manager of the city until one year has elapsed after he has ceased to be a member of the city council. (Ord. 607-2002 § 1, 2003; Ord. 385-83 § 2, 1983)
2.08.040 Bond requirements.
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, conditioned upon the faithful performance of the duties imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. (Ord. 385-83 § 3, 1983)
2.08.050 Temporary manager—Appointment—Powers and duties.
A. The city manager shall appoint, subject to approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager.
B. In case of the absence or disability of the city manager and his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee 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 conditioned upon faithful performance of the duties required to be performed as set forth in Section 2.08.040 of this chapter. (Ord. 385-83 § 4, 1983)
2.08.060 Compensation and expenses.
A. The city manager shall receive compensation and expense allowance as the city council shall from time to time determine and fix by resolution, and such compensation and expenses shall be a proper charge against such funds of the city as the city council designates.
B. The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties, or incurred in traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, upon itemized claim setting forth the sums expended, and approved by the city council. (Ord. 385-83 § 5, 1983)
2.08.070 Removal from office—Grounds.
A. The city council shall appoint the city manager for an indefinite term and may remove him by a four-fifths vote of the whole city council. In the case of his intended removal, the city manager shall be furnished with written notice of such intention to remove at least thirty days before the date of such intended removal. Within seven days after receipt of such notice, the city manager may, by written notice, request a public hearing at its usual meeting place, but before the expiration of the thirty-day period, at which time the manager may appear and be heard.
B. In removing the city manager, the city council shall use its absolute discretion, and its action shall be final and shall not depend on any showing or degree of proof at the hearing, the purpose of which is for the city manager to publicly present to the city council his grounds for opposition to removal prior to its action, or to vindicate his reputation. (Ord. 385-83 § 6, 1983)
2.08.080 Removal from office—Limitations.
Notwithstanding other sections of this chapter, the city manager shall not be removed from office during the sixty days next preceding any general municipal election at which a member of the city council is elected, nor shall the city manager be removed from office during or within a period of ninety days next succeeding any general election at which a member of the city council is elected. The purpose of this provision is to allow newly elected members of the city council to observe the actions and abilities of the city manager in the performance of the powers and duties of his office. After the expiration of this one-hundred-fifty-day period, the provisions of the preceding sections of this chapter as to the removal of the city manager shall apply and be effective. (Ord. 385-83 § 7, 1983)
2.08.090 Powers and duties designated.
A. The city manager is the administrative head of the government of the city under the direction and control of the city council, except as otherwise provided in this chapter. He is responsible for the efficient administration of all affairs of the city which are under his control.
B. 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 powers set forth in the following numbered subsections:
1. Law Enforcement. It shall be the duty of the city manager to see that all laws and ordinances of the city are duly enforced, and that all franchises, contracts, permits and privileges granted by the city are faithfully observed.
2. Authority Over Employees. It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinates, officers and employees of the city under his jurisdiction through their department heads.
3. Power of Appointment—Ineligibility for Employment Because of Crimes Involving Moral Turpitude.
a. It shall be the duty of the city manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer, subject to personnel rules and regulations as adopted by the city council.
b. No person convicted of a felony or misdemeanor involving moral turpitude is eligible for city employment unless the city manager determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the employment applied for is unrelated to such conviction. In making such determination, the manager may confer with and obtain the advice and assistance of the city clerk, the chief of police and the city attorney, or any one or more of these persons, and each of these officers is authorized for such purpose to have access to the State Summary Criminal History Information, as provided for in the California Penal Code and any applicable general law.
4. Reorganization of Offices. It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business.
5. Ordinances. It shall be the duty of the city manager, and he shall recommend to the city council for adoption, such measures and ordinances as he deems necessary or expedient. 6. Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council, unless excused therefrom upon his own request by the mayor or the council, or unless excused therefrom when his own removal is under consideration.
7. 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 conditions and needs of the city.
8. Budget. It shall be the duty of the city manager to cause to be prepared and submitted to him by each department, division or service of the city government, itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget, and submit the same to the city council before the fifteenth day of June of each year, with his recommendation as to such changes which he deems advisable.
9. Investigations. 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. He shall investigate all complaints in relation to matters concerning the administration of the city government, and in regard to services maintained by public utilities in the city.
10. Purchasing Agent. It shall be the duty of the city manager, and he shall be responsible for, the purchase of all supplies for the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.
11. Public Buildings and Equipment. It shall be the duty of the city manager, and he shall exercise general supervision over, all public buildings, public parks, and all other public property which is under the control and jurisdiction of the city council.
12. Property Inventory—Requisition. It shall be the duty of the city manager, and he shall compile and keep up to date a complete inventory of all property, real and personal, owned by the city, and to recommend to the city council the purchase of new machinery, equipment and supplies, whenever in his judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery and equipment in use. 13. Hours of Employment. It shall be the duty of the city manager to devote his entire working time to the duties of his office in the interests of the city.
14. 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 from time to time by ordinance or resolution or other action by the city council. (Ord. 385-83 § 8, 1983)
2.08.100 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 purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly held meeting of the city council, and no individual councilman shall give any orders or instructions to the city manager. No individual councilman shall, in any manner, attempt to influence the city manager in the making of any appointment or in the purchase of supplies. (Ord. 385-83 § 9, 1983)
2.08.110 Cooperation with other city officials.
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, so far as to be consistent with their duties as prescribed by law and ordinances of the city. (Ord. 385-83 § 10, 1983)
2.08.120 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissions, boards or committees, as to all matters upon which he wishes to address the members thereof, and he shall inform such members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 385-83 § 11, 1983)
2.08.130 Signing authority.
The city manager, pursuant to the delegation authorized by Government Code Section 40602, is granted the same authority as the mayor, when specifically authorized by resolution of the city, to sign written contracts and conveyances made or entered into by the city. (Ord. 479-93, 1993)