Chapter 2.12 CITY MANAGER

The office of the city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office at the pleasure of the city council. (Ord. 97 § 1, 1968)

2.12.020 Residence.

Residence in the city at the time of appointment of a city manager is not required as a condition of the appointment, but within one hundred eighty days after reporting for work the city manager must become a resident of the city unless the city council approves his residence outside the city. (Ord. 97 § 2, 1968)

2.12.030 Eligibility.

No member of the city council is eligible for appointment as city manager until one year has elapsed after the council member has ceased to be a member of the city council. (Ord. 97 § 3, 1968)

2.12.040 Bond.

The city manager and acting 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 upon the faithful performance of the duties imposed upon the city manager and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 97 § 4, 1968)

2.12.050 Acting city manager.

The city manager, by filing a written notice with the city council, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager’s absence or disability extends over a two month period, the city council may, after the two month period, appoint an acting city manager. (Ord. 97 § 5, 1968).

2.12.060 Compensation.

The city manager shall receive such compensation as the city council shall from time to time determine.

In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. (Ord. 97 § 6, 1968)

2.12.070 Powers – Duties.

The city manager shall be 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 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 powers set forth in Sections 2.12.080 through 2.12.190. (Ord. 97 § 7(part), 1968).

2.12.080 Law enforcement.

It shall be the duty of the city manager to enforce all laws and ordinances of the city, and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. (Ord. 97 § 7.1, 1968).

2.12.090 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 subordinate officers and employees of the city under his jurisdiction through their department heads. (Ord. 97 § 7.2, 1968).

2.12.100 City employees – Power to appoint and remove.

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, subject to all applicable personnel ordinances, rules and regulations, except the city attorney. (Ord. 251 § 1, 1978: Ord. 180 § 1, 1973: Ord. 97 § 7.3, 1968).

2.12.110 Administrative organization of offices.

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative organization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (Ord. 97 § 7.4, 1968).

2.12.120 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. (Ord. 97 § 7.5, 1968).

2.12.121 Execute document.

The city manager shall have the same authority as the mayor (as convenience to the mayor and city manager may dictate) to sign documents specified in California Government Code Section 40602, provided such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action. (Ord. 670 § 1, 1998).

2.12.122 Approve and sign contracts.

The city manager shall have the power and authority to approve and sign contracts for special and professional services in an amount not to exceed twenty-five thousand dollars, provided such services have been included in the approved city budget. If all of the city funds to be spent for the special and professional services will be fully reimbursed by another party, the twenty-five thousand dollar limit shall not apply.

For purposes of this section, special and professional services shall be defined as services rendered by professionals such as architects, engineers, attorneys, planning consultants, environmental consultants and other specialized consultants. (Ord. 761 § 1, 2004).

2.12.130 Attendance at council meetings.

It shall be the duty of the city manager to attend all meetings of the city council unless at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration. (Ord. 97 § 7.6, 1968).

2.12.140 Financial reports.

It shall be the duty of the city manager to keep the city council at all times fully revised as to the financial condition and needs of the city. (Ord. 97 § 7.7, 1968).

2.12.150 Budget.

It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (Ord. 97 § 7.8, 1968).

2.12.160 Expenditure control – Purchasing.

It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his authorized representative. The city manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city. (Ord. 97 § 7.9, 1968).

2.12.170 Investigations – Complaints.

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. 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. (Ord. 97 § 7.10, 1968).

2.12.180 Public buildings – Supervision.

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 are under the control and jurisdiction of the city council. (Ord. 97 § 7.11, 1968).

2.12.190 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 official action of the city council. (Ord. 97 § 7.12, 1968).

2.12.200 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 the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions 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 convened meeting of the city council and no individual councilman shall give any orders or instructions to the city manager. (Ord. 97 § 8.1, 1968).

2.12.210 Departmental cooperation.

It is the duty of all subordinate officers and the city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 97 § 8.2, 1968).

2.12.220 Commission meetings – Attendance.

The city manager may attend any and all meetings of the planning commission, recreation and park 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 the 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. 97 § 8.3, 1968).

2.12.230 Removal.

The removal and termination of the city manager shall be effected only by three or more affirmative votes of the whole city council as then constituted convened in a regular council meeting. (Ord. 851 § 2, 2015: Ord. 364 § 1, 1983: Ord. 164 § 9, 1973: Ord. 97 § 9.1, 1968).

2.12.260 Discretion of council.

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. The city manager is an at-will employee who serves at the pleasure of the city council. (Ord. 851 § 5, 2015: Ord. 97 § 9.4, 1968).

2.12.270 Limitations on removal.

Notwithstanding the provisions of Section 2.12.230, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days succeeding any general municipal election held in the city where a member of the city council is elected or when a new city councilmember is appointed. The purpose of this provision is to allow any newly elected or appointed member of the city council to observe the actions and ability of the city manager in the performance of the powers and duties of his/her office. After the expiration of the ninety-day period aforementioned, the city manager may be removed as provided in Section 2.12.230. (Ord. 851 § 6, 2015: Ord. 97 § 9.5, 1968).

2.12.280 Agreements on employment.

Nothing in this chapter shall be construed as a limitation on the power or authority of the city 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. 97 § 10, 1968).

For statutory provisions regarding the city manager and the city manager form of government, see Gov. Code §§ 34851 – 34859.