Chapter 2.08 CITY MANAGER*

The office of city manager of the city is created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative ability and qualifications and shall hold office for an indefinite term at the pleasure of the city council. (Ord. 97-611 § 2; Ord. 77-380 § 1).

2.08.020 Residency.

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within 180 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. 97-611 § 2; Ord. 77-380 § 2).

2.08.030 Council member eligibility.

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 97-611 § 2; Ord. 77-380 § 3).

2.08.040 Acting city manager.

The city manager shall appoint one of the other officers or department heads of the city to serve as acting city manager during any temporary absence or disability of the city manager. In the event of failure to make such appointment, the city council shall appoint an acting city manager. (Ord. 97-611 § 2; Ord. 77-380 § 4).

2.08.050 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 the bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Such bond may be part of a blanket surety bond and the premium for the same shall be a proper charge against the city. (Ord. 97-611 § 2; Ord. 77-380 § 5).

2.08.060 Compensation – Expenses.

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

B. The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official 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 duly approved and allowed by the city council. (Ord. 97-611 § 2; Ord. 77-380 § 6).

2.08.070 Powers and duties – Generally.

The city manager shall be the administrative head of the government of the city under the directions 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 be his duty and he shall have the powers set forth in FMC 2.08.080 through 2.08.190. (Ord. 97-611 § 2; Ord. 77-380 § 7).

2.08.080 Law enforcement.

It shall be the duty of the city manager to see that the laws of the state pertaining to the city and 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. (Ord. 97-611 § 2; Ord. 77-380 § 7(a)).

2.08.090 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. 97-611 § 2; Ord. 77-380 § 7(b)).

2.08.100 Appointment and removal of employees.

It shall be the duty of the city manager to, and he shall, appoint, remove, promote, demote, suspend, or dismiss all officers and employees of the city, except the city attorney, subject to all applicable personnel ordinances, rules and regulations. No department head shall be appointed or removed until the city manager has first reviewed such appointment or removal with the city council, and received approval of such appointment or removal from the city council, in executive session. (Ord. 2005-653 § 2; Ord. 97-611 § 2; Ord. 77-380 § 7(c)).

2.08.110 Administrative reorganization.

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization 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. 97-611 § 2; Ord. 77-380 § 7(d)).

2.08.120 Legislative recommendations.

It shall be the duty of the city manager and he shall recommend to the city council for adoption such measures, ordinances, and resolutions as he deems necessary or expedient. (Ord. 97-611 § 2; Ord. 77-380 § 7(e)).

2.08.130 Council meeting attendance.

The city manager shall attend all meetings of the city council unless at his request he is excused therefrom by the city council, except when his removal is under consideration by the city council. (Ord. 97-611 § 2; Ord. 77-380 § 7(f)).

2.08.140 Financial reports.

The city manager shall keep the city council at all times fully advised as to the financial condition and needs of the city. (Ord. 97-611 § 2; Ord. 77-380 § 7(g)).

2.08.150 Budget preparation.

It shall be the duty of the city manager to prepare and submit the proposed annual budget to the city council for its approval and to be responsible for the efficient administration of the budget after its adoption by the city council. (Ord. 97-611 § 2; Ord. 77-380 § 7(h)).

2.08.160 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. The city manager shall purchase or cause to be purchased all supplies for all departments of the city. (Ord. 97-611 § 2; Ord. 77-380 § 7(i)).

2.08.170 Investigations and 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 obligation 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. 97-611 § 2; Ord. 77-380 § 7(j)).

2.08.180 Supervision of public property.

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. (Ord. 97-611 § 2; Ord. 77-380 § 7(k)).

2.08.190 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, resolution, or other action of the city council. (Ord. 97-611 § 2; Ord. 77-380 § 7(l)).

2.08.200 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 purposes of inquiry, and neither the council nor any of its members shall give orders or instructions to any subordinate 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 council member shall give any orders or instructions to the city manager. (Ord. 97-611 § 2; Ord. 77-380 § 8(a)).

2.08.210 Departmental cooperation.

It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 97-611 § 2; Ord. 77-380 § 8(b)).

2.08.220 Relation with boards, committees, and commissions.

The city manager may attend any and all meetings of the planning commission, recreation 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 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. 97-611 § 2; Ord. 77-380 § 8 (c)).

2.08.230 Removal – Generally.

A. The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of FMC 2.08.240.

B. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him, at least 30 days before the effective date of his removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after receipt of such request from the city manager, and at least 15 days prior to the effective date of such removal. (Ord. 97-611 § 2; Ord. 77-380 § 9(a)).

2.08.240 Removal – Hearing.

Within seven days after the delivery to the city manager of such notice of intention to remove, he may, by written notification to the city clerk, request a hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the 30-day period, at which hearing the city manager shall appear and be heard. (Ord. 97-611 § 2; Ord. 77-380 § 9(b)).

2.08.250 Removal – Suspension pending hearing.

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 action of the city council passed subsequent to the hearing. (Ord. 97-611 § 2; Ord. 77-380 § 9(c)).

2.08.260 Removal – Council discretion.

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 present to the city council his grounds of opposition to his removal prior to its action. (Ord. 97-611 § 2; Ord. 77-380 § 9(d)).

2.08.270 Removal – Limitations.

Notwithstanding the provisions of FMC 2.08.230 through 2.08.260, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which a member of the city council is elected or when a new city councilman is appointed. The purpose of this provision is to allow any newly elected or appointed 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 duties of his office. After the expiration of the 90-day period aforementioned, the provisions of FMC 2.08.230 through 2.08.260, as to the removal of the city manager, shall apply and be effective. (Ord. 97-611 § 2; Ord. 77-380 § 9(e)).

2.08.280 Provisions not limitation of council authority.

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. 97-611 § 2; Ord. 77-380 § 10).