CHAPTER 2.16
CITY MANAGER
Section
2.16.020 Office created - qualifications
2.16.040 Eligibility of Councilmembers
2.16.050 Appointment, tenure, and removal
2.16.060 Compensation and expenses
2.16.080 Administrative relationships
2.16.100 Standards of performance
Editor’s note:
Any reference in the Municipal Code to City Administrator has been changed to City Manager pursuant to Fort Bragg Municipal Ordinance 819.
2.16.010 PURPOSE.
The City Council finds and determines that the administrative affairs of the municipal government of the City would be handled more expeditiously, efficiently, and satisfactorily through an officer who, acting on behalf of the City Council, would attend to the administrative affairs, correlate and coordinate various municipal activities, compile data, prepare reports relating to the affairs of City government, and generally act as the agent of the Council in the discharge of administrative duties.
(Ord. 471, § 1, passed -- 1976)
2.16.020 OFFICE CREATED - QUALIFICATIONS.
A. There is created in the service of the City the position of City Manager.
B. The City Manager shall be selected by the City Council solely on the basis of his or her executive and administrative qualifications, with special reference to his or her actual experience in, and knowledge of, accepted practices in respect to the duties of his or her office as set forth in this chapter.
(Ord. 471, § 2, passed -- 1976)
2.16.030 RESIDENCE.
Residence in the City is not required.
(Ord. 471, § 3, passed -- 1976)
2.16.040 ELIGIBILITY OF COUNCILMEMBERS.
No person elected to membership on the Council shall be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the Council.
(Ord. 471, § 4, passed -- 1976)
2.16.050 APPOINTMENT, TENURE, AND REMOVAL.
A. The City Manager shall be appointed by the City Council and shall hold office at and during the pleasure of the City Council; provided, however, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election in the City at which election a member of the City Council is elected, except by a unanimous vote of the members of the City Council.
B. The purpose of this provision is to permit any newly-elected 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 or her office.
(Ord. 471, § 5, passed -- 1976)
2.16.060 COMPENSATION AND EXPENSES.
A. The City Manager shall receive the compensation and expense allowances as the City Council shall, from time to time, determine, and such compensation and expenses shall be a proper charge against the 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 or her in the performance of his or her duties, or incurred when traveling on business pertaining to the City under the direction of, or with the express consent of, the City Council. Reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligation incurred in the manner provided by the City Council for the presentation of claims for reimbursement of expenses of other City officers and employees.
(Ord. 471, § 6, passed -- 1976)
2.16.070 POWERS AND DUTIES.
A. The City Manager shall be the administrative head of the government of the City, under the direction and control of the City Council. He or she shall be responsible for the efficient administration of all the affairs of the City, which affairs are under his or her control.
B. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall have the following powers and duties:
1. General supervision. To execute on behalf of the City Council its administrative supervision and control of the affairs of the City as may be placed in his or her charge, or which are not otherwise provided for by the City Council;
2. Personnel and organization. To appoint competent, qualified officers and employees (which term is inclusive of all positions excepting the City Clerk, City Treasurer, and City Attorney) and to dismiss, suspend, and discipline the officers and employees in accordance with the policies as may from time to time be set forth by the City Council; to transfer employees from one department to another consistent with the policies of the City Council; to recommend to the City Council the reorganization of officers, departments, or divisions as may be indicated in the interest of the efficient, effective and economical conduct of the City’s business and to effect such reorganization when authorized by appropriate ordinance, resolution, or motion of the City Council; to prepare an administrative regulation approving and setting forth all position classification descriptions as well as an organizational chart for all positions excepting those enumerated above;
3. Authority over officers and employees. To control, order, and give directions to all heads of departments and subordinate officers and employees of the City, including the City Clerk and City Treasurer, except in matters which by state law are confined to their exclusive and uncontrolled jurisdiction and except the City Attorney;
4. Rules and regulations. To prescribe the rules, regulations, and policies as he or she deems necessary or expedient for the conduct of City services, and to revoke, suspend or amend any rule, regulation, or policy established by any officer, department head, or City employee or volunteer;
5. Shift work. To temporarily direct any department or division of the City to perform work for any other department, division, or office of the City;
6. Compensation plan. To prepare and recommend to the City Council, from time to time, desirable revisions of the compensation plan of the City;
7. Assist the City Council. To attend meetings of the City Council and to report upon, and discuss, any matters concerning the affairs of the departments, services, or activities under his or her supervision upon which, in his or her judgment, the City Council shall be informed, or upon which his or her views or opinions are requested by City Council;
8. Carry out City Council decision. To carry out, on behalf of the City Council, its policies, rules, regulations and laws relating to the administration of the affairs of the City, its departments, divisions and services;
9. Budget. To supervise the preparation of a detailed, proposed municipal budget and submit the same to the City Council in accordance with the budget scheduled approved by the City Council and to offer his or her recommendations as to the increases, decreases, cancellations, transfers, or changes in any of the items included in the proposed budget as in his or her judgment should be made before adoption of the budget after its final adoption; and to keep the City Council informed with respect thereto;
10. Public improvements. To develop and organize public improvement projects and programs, and to aid and assist the City Council and the various departments, services and offices of the City in carrying the same through to a successful conclusion;
11. Recommendations to the City Council. To recommend to the City Council for adoption the measures and ordinances as he or she deems necessary or expedient;
12. Studies and reports. To make the surveys, studies, reports and recommendations as he or she may deem desirable on any matter affecting the interest of the people or City as budgeted or as may be requested by the City Council;
13. City Council agenda. To supervise the preparation of the agenda for all regular, special or adjourned meetings of the City Council in accordance with the laws establishing rules for City Council meetings;
14. Other City offices. To serve in any appointed office within the City government to which he or she may be qualified when appointed thereto by the City Council, and to hold and perform the duties thereof at the pleasure of the City Council and without further compensation except as expressly provided by the City Council at the time of the appointment or thereafter;
15. Mail. To supervise the receipt and opening of all mail addressed in whole or in part to the City Council, or to the Mayor or Vice Mayor by title only, and to give immediate attention thereto to the end that all administrative business referred to in the communications, and not necessarily requiring action by the City Council, may be disposed of in an expeditious manner; provided, however, all actions taken pursuant to the communications shall be reported to the City Council at its next regular meeting thereafter, or by separate communication to each member of the City Council;
16. Enforcement of laws. To see to the enforcement within the City of the laws of the state and of the City;
17. Contracts, franchises, permits, and licenses. To investigate and see to the faithful performance and observation of all contracts of the City and of all franchises, permits, licenses, and privileges granted by the City;
18. Complaints. To investigate all complaints in relation to matters concerning the administration of City government; to adjust all proper grievances within the scope of authority provided by City laws and policies, and to report to the City Council all injustices suffered by reason of defects or omissions in the laws, policies, or practices of the City which he or she is not authorized to rectify;
19. Public property. To exercise general supervision over all public buildings, public parks and other public property which is under the control and jurisdiction of the City Council, when the general supervision thereof is not specifically delegated to a particular officer;
20. Community relations. To explain to the public the actions, purposes and policies of the City government;
21. [Reserved]
22. Other powers and duties. To perform such other duties and exercise such other powers as are necessarily incident to the powers set forth in this section or as may be assigned or delegated to him or her, from time to time, by action of the City Council; and
23. Water and sewer. To serve as manager of the “water department” and “sewer district” as defined elsewhere in this code; to make reduction adjustments to water and sewer user billings and connection fees for good cause shown and report same to the Finance and Administration Committee.
(Ord. 471, § 7, passed -- 1976; Am. Ord. 642, § 1, passed -- 1985; Am. Ord. 738, § 8, passed -- 1992; Am. Ord. 781, § 2, passed -- 1995; Am. Ord. 801, § 1B, passed -- 1997; Am. Ord. 819, § 2(B-F), passed -- 1999; Am. Ord. 882, § 2, passed 5-11-2009; Am. Ord. 890 § 9, passed 11-8-2010; Am. Ord. 917, § 2, 08-10-2015)
2.16.080 ADMINISTRATIVE RELATIONSHIPS.
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 to any officer or employee of the City under the supervision of the City Manager. The City Manager shall take his or her orders and instructions only from the City Council as a body, and no individual member of the City Council shall give any orders or instructions to the City Manager.
(Ord. 471, § 8, passed -- 1976; Am. Ord. 819, § 2(G), passed -- 1999)
2.16.090 LIMITATIONS IMPOSED.
The City Manager shall not attempt to establish general policy which is the province of the City Council to determine, nor shall he or she attempt to commit or bind the City Council, or any member thereof, to any action, plan or program requiring official City Council action. It is not intended by the provisions of this chapter to grant any authority to, or impose any duty upon, the City Manager which is now, or hereafter may be vested in or imposed by general state law on any other City commission, department, officer or employee.
(Ord. 471, § 9, passed -- 1976)
2.16.100 STANDARDS OF PERFORMANCE.
In the discharge of his or her duties, the City Manager shall endeavor at all times to exercise the highest degree of tact, patience, and courtesy in his or her contacts with the public, with the City Council, and with all City commissions, boards, departments, officers and employees, and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the City to the end that the highest possible standards of public service shall be continuously maintained. Pursuant to this goal, the City Manager shall receive full cooperation of the City staff.
(Ord. 471, § 10, passed -- 1976)