Chapter 2.09
CITY OFFICIALS
Sections:
2.09.010 Office of the City Manager.
2.09.020 Removal of City Manager.
2.09.030 Compensation of City Manager.
2.09.040 Powers and duties of City Manager.
2.09.050 Orders and directions of City Manager.
2.09.060 Administrative City Clerk.
2.09.070 Powers and duties of the Administrative City Clerk.
2.09.090 Authority to contract.
2.09.110 Removal of the City Attorney.
2.09.150 Bonds of the Elected City Clerk and City Treasurer.
2.09.010 Office of the City Manager.
A. The office of the City Manager is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council.
B. Residence in the City at the time of appointment shall not be required as a condition of appointment of the City Manager. No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one (1) year has elapsed after he has ceased to be a member of the City Council.
C. The City Manager shall secure a corporate surety bond or other security in compliance with the Government Code of the State to be approved and paid for by the City Council in such sum as established by resolution of the City Council and shall be conditioned upon the faithful performance of the duties imposed on the City Manager as prescribed by this chapter and by any other rules or laws of the City. The bond premium or any other premium associated with the security shall be paid by the City.
D. 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 such person furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed, as set forth in subsection C of this section. [Ord. 21-001 § 2.]
2.09.020 Removal of City Manager.
A. The City Council shall appoint the City Manager for an indefinite term and may remove him or her by a three (3) member vote. At least thirty (30) days before such removal shall become effective, the City Council shall by a three (3) member vote of its members adopt a preliminary resolution stating the reason for his or her removal. By the preliminary resolution the Council may suspend the City Manager from duty, but shall in any case cause to be paid him or her forthwith any unpaid balance of his salary following the month of the adoption of the preliminary resolution. The City Council in removing the City Manager shall use its uncontrolled discretion and its action shall be final.
B. Notwithstanding the provisions of this section, the City Manager shall not be removed from his or her office during or within a period of six (6) months after 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 abilities of the City Manager in the performance of the powers and duties of his or her office. After the expiration of the six (6) month period aforementioned, the provisions of subsection A of this section as to the removal of the City Manager shall apply and be effective. [Ord. 21-001 § 2; Ord. 22-004 § 1.]
2.09.030 Compensation of City Manager.
A. The City Manager shall receive such compensation as the City Council shall from time to time determine and fix, and such compensation shall be a proper charge against such funds as the City Council shall designate.
B. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business of 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 approved and allowed. [Ord. 21-001 § 2.]
2.09.040 Powers and duties of City Manager.
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 or she 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 following powers:
A. Enforcement of Laws and Ordinances. To see that all laws and ordinances of the City are duly enforced, and that all franchise permits and privileges granted by the City are faithfully observed.
B. Control over Department Heads, Transfer of Employees. To control, order and give directions to all heads of departments, subordinate officers and employees of the City, except elected officers and their respective staffs, and to transfer employees from one department to another; and to consolidate or confine officers, positions, departments or units under his or her direction.
C. Removal and Appointment of Officers and Employees. To appoint and remove any officers and employees of the City, except the elected officers and their respective staffs, subject to ratification by the City Council in the case of department heads.
D. Exercise of Control over Departments, Etc. To exercise control over all departments of the City government and over all appointive officers and employees thereof, except elective officers and their respective staffs.
E. Attend Meetings of City Council. To attend all meetings of the City Council, unless excused therefrom by the City Council, except when his or her removal is under consideration by the Council at a closed or executive session thereon.
F. Recommendation for Adoption of Measures and Ordinances. To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.
G. Keep City Council Advised of Financial Conditions and Needs. To keep the City Council at all times fully advised as to the financial conditions and needs of the City.
H. Preparation of Annual Budget. To prepare and submit to the City Council the annual budget.
I. Preparation of Fiscal Year Report on Finances, Etc. To prepare and to submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year, such financial report not to be confused with the City Clerk’s report to the State Controller.
J. Purchase of Supplies. To purchase or cause to be purchased all supplies for all of the departments or divisions of the City.
K. Investigation into City Affairs. To make investigation 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.
L. Investigation of Complaints Concerning Administration of City Government. 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, and to see that all franchises, permits, and privileges granted by the City are faithfully performed and observed.
M. Exercise of Supervision over Public Buildings, Parks, Etc. To exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the City Council.
N. Devotion of Entire Time to Duties of Office. To devote his or her entire time to the duties of his office and the interest of the City.
O. Provide Leadership for Civic Movements. To provide leadership for civic movements designed to benefit the residents of the City when so authorized by the City Council.
P. Supervision over Operations of City Departments. To supervise in general the operations of all departments of the City, securing special counsel as required.
Q. Personnel Director. To act as Personnel Director or Human Resources Director until the Council shall establish a separate office therefor.
R. Exclusion of City Attorney from Scope of Surveillance. In addition to the elective officers and their respective staffs, the position of City Attorney shall be excluded from the scope of the City Manager’s surveillance; however, the services and facilities of that officer shall be made available to the City Manager.
S. Generally. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution of the City Council. [Ord. 21-001 § 2.]
2.09.050 Orders and directions of City Manager.
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. Notwithstanding the foregoing, the City Council may provide assistance in an advisory capacity to any department heads, so long as such assistance does not conflict with the administrative duties of the City Manager. [Ord. 21-001 § 2.]
2.09.060 Administrative City Clerk.
A. Pursuant to Cal. Gov’t Code § 36501, this title creates the appointed position of the Administrative City Clerk.
B. Pursuant to Cal. Gov’t Code § 34856, the City Manager shall appoint or dismiss the Administrative City Clerk. The City Manager is also delegated the responsibility of performance review and setting the salary of the Administrative City Clerk. Both the appointment of and salary for the Administrative City Clerk are subject to ratification by the City Council.
C. In case of a vacancy in the Administrative City Clerk position, the City Manager may make an interim appointment of any duly qualified person to perform the duties of the Administrative Clerk during the period of such vacancy.
D. In case of a vacancy in the Administrative City Clerk position, the City Manager may authorize a member of City staff to execute instruments on behalf of the Administrative City Clerk. [Ord. 21-001 § 2.]
2.09.070 Powers and duties of the Administrative City Clerk.
The Administrative City Clerk shall have the following duties and powers:
A. Plan, manage, oversee, and direct certain operations and services under the direct supervision of the City Manager.
B. Ensure compliance with the State laws, such as the Brown Act, and the Public Records Act, in consultation with the City Attorney’s office.
C. Attend all meetings of the City Council and assist in the conducting City Council meetings.
D. Keep accurate City records.
E. Perform such other duties and exercise such other powers as may be delegated to him or her from time to time by the City Manager, or by ordinance or resolution of the City Council, including any responsibilities enumerated in the Administrative City Clerk job description and the City Officials’ Handbook. [Ord. 21-001 § 2.]
2.09.080 Elected City Clerk.
A. Pursuant to Cal. Gov’t Code § 36501, this title creates the position of the Elected City Clerk. The Elected City Clerk shall be elected by City voters pursuant to Measure T, as approved by City voters at the November 2020 election.
B. The Elected City Clerk shall have those legal responsibilities described in Cal. Gov’t Code § 40801 et seq., as may be amended or superseded, the provisions of this code, other ordinances or resolutions of the City Council, and any responsibilities enumerated in the City Officials’ Handbook, except as otherwise provided in this chapter. In addition to his or her powers, it shall be his or her duty and he or she shall have the following powers:
1. Ensure accurate records of City Council proceedings.
2. Keep an ordinance and resolution book.
3. Act as custodian of the City seal.
4. Record all ordinances and resolutions in the ordinance and resolution book with certifications attached.
5. Accept cease and desist letters for violations of the Brown Act.
6. At the request of a member of the City Council, enter the ayes and noes into the ordinance and resolution book.
7. Perform certain duties under the Political Reform Act.
a. Accept and maintain City records pertaining to statements of economic interests from candidates for City Office and current City officials. The Elected City Clerk must forward a copy of statements of economic interests to the Fair Political Practices Commission.
b. Accept and maintain City records pertaining to campaign disclosures from candidates for City office, elected City officials, committees for candidates for City office, committees for elected City officials and committees supporting or opposing ballot measures.
8. Accept presentation of claims under Cal. Gov’t Code § 905.
9. Accept service of process for all lawsuits.
The Elected City Clerk may delegate in writing any or all of these duties for the City Manager, the Administrative City Clerk, or any City employee supervised by the Administrative City Clerk.
C. In case of a vacancy in the Elected City Clerk position, the Mayor of the City of Dixon may appoint a City Councilmember as City Clerk Pro Tempore, pursuant to Cal. Gov’t Code § 36804, or the City Council may appoint any duly qualified person to serve as Elected City Clerk pursuant to Cal. Gov’t Code § 36512. [Ord. 22-001 § 1.]
2.09.090 Authority to contract.
All contracts shall be in writing. No oral contract shall become an obligation of the City.
For the purposes of this section, the term “contract” shall refer to any agreement, contract, lease, promise, or other obligation to which the City is, or is alleged to be, a party and shall include, but not be limited to, any contract for equipment, supplies, services, or public works.
Any member of the City Council is authorized to execute contracts and other documents on behalf of the City as provided in Cal. Gov’t Code § 40602, whenever the City Council has approved the execution of such document by resolution, motion, minute order or other appropriate action.
The City Manager is authorized to execute contracts and other documents on behalf of the City as provided in Cal. Gov’t Code § 40602 if members of City Council are unavailable or unable to perform the execution and the City Council has approved the execution of such document by resolution, motion, minute order, or other appropriate action. [Ord. 21-001 § 2.]
2.09.100 Finance Director.
A. Position Created. In order to facilitate the uniform processing and development of all fiscal and budgetary functions of the City not delegated by statute, ordinance or resolution to the City Treasurer, there is hereby created the office of Finance Director for the City. The appointment or removal of the Finance Director shall be made by the City Manager subject to the ratification of the City Council.
B. Duties in General. The Finance Director shall be charged with all of the financing, accounting and auditing duties of the City, and shall be subject to all of the powers granted and imposed upon the Elected City Clerk by the provisions of Cal. Gov’t Code Title IV, Division 3, Part 2, Chapter 4 and Cal. Gov’t Code §§ 40802, 40804 and 40805. The Finance Director shall perform such other fiscal duties as may be provided by ordinance, delegated from time to time by resolution of the City Council, or lawfully delegated to that office by written directive of the City Manager.
C. Transfer of Elected Clerk Duties. In accordance with Cal. Gov’t Code § 40805.5 all of the financing and accounting duties imposed upon the Elected City Clerk under Cal. Gov’t Code §§ 40802 through 40805 are transferred to the Finance Director and the Elected City Clerk is hereby relieved of all said duties.
D. Bonding. The Finance Director shall secure a corporate surety bond or other security in compliance with the Government Code to be approved and paid for by the City Council in such sum as established by resolution of the City Council and shall be conditioned upon the faithful performance of the duties imposed on the Finance Director as prescribed by this section and by any other rules or laws of the City. The bond premium or any other premium associated with the security shall be paid by the City.
E. Combining Position. The position of Finance Director may be combined with that of any other nonelected office in the City by resolution of the City Council.
F. Absence or Disability. Should the Finance Director be absent from work or disabled, the City Manager, with the prior approval of the City Council, may designate a temporary acting Finance Director. Alternatively, the City Council by resolution may designate the City Manager to act as the temporary Finance Director under such circumstances. [Ord. 21-001 § 2.]
2.09.110 Removal of the City Attorney.
The City Attorney shall not be removed from his or her office during or within a period of six (6) months after 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 abilities of the City Attorney in the performance of the powers and duties of his or her office. After the expiration of the six (6) month period aforementioned, the City Council may remove the City Attorney in accordance with the City’s standard procedures. [Ord. 21-001 § 2; Ord. 22-004 § 2.]
2.09.120 Reserved.
[Ord. 21-001 § 2.]
2.09.130 Reserved.
[Ord. 21-001 § 2.]
2.09.140 Reserved.
[Ord. 21-001 § 2.]
2.09.150 Bonds of the Elected City Clerk and City Treasurer.
A. Pursuant to the requirements of the laws of the State with reference thereto, and in particular Cal. Gov’t Code § 36518, the Elected City Clerk and the City Treasurer shall, respectively, before entering upon the duties of their respective offices, each execute a bond in accordance with the requirements of the provisions of the Government Code and any other laws of the State applying or relating to bonds of public officers. The penal sum of such respective bonds shall be and the same is hereby respectively fixed by the City Council as follows:
1. Elected City Clerk. The official bond of the Elected City Clerk shall be in the penal sum or amount of ten thousand dollars ($10,000.00).
2. City Treasurer. The official bond of the City Treasurer shall be in the penal sum or amount of one thousand dollars ($1,000.00).
B. In the event that the bonds are executed by the Elected City Clerk and City Treasurer pursuant to subsection A of this section, the bonds shall be joint and several in form and shall be signed by the respective principals and by the corporate surety, which surety must be authorized as provided by law to transact a general surety business in the State, and each of the bonds must be conditioned as provided by law. Each of the bonds shall be subject to the approval of the City Council as to sufficiency of the surety and as to provisions, and by the City Attorney as to form.
C. The bonds or other security of the City Treasurer and the Elected City Clerk shall be filed in accordance with the requirements of the California Government Code. [Ord. 21-001 § 2.]