Chapter 2.04
CITY MANAGER
Sections:
2.04.010 Office created.
2.04.020 Residence.
2.04.030 Bond.
2.04.050 Acting city manager.
2.04.060 Compensation.
2.04.070 Powers and duties generally.
2.04.080 Law enforcement duties.
2.04.090 Personnel direction.
2.04.100 Personnel appointment and removal.
2.04.110 Administrative organization duties.
2.04.120 Ordinance recommendations.
2.04.130 Council meeting attendance.
2.04.140 Financial reporting.
2.04.150 Budget preparation and submittal.
2.04.160 Expenditure control and purchasing.
2.04.170 Investigational duties.
2.04.180 Public property supervision.
2.04.190 Additional duties.
2.04.200 Council-manager relations.
2.04.210 Departmental cooperation.
2.04.220 Commission, board or committee meeting attendance.
2.04.230 Removal.
2.04.240 Agreements on employment.
2.04.010 Office created.
The office of the city manager is created and established. The city manager shall be appointed by the city council on the basis of his administrative and executive ability and general qualifications, as determined by the city council. He shall hold office for and during the pleasure of the city council. (Ord. 4 § 1 (part), 1971: prior code § 2-201)
2.04.020 Residence.
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 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. 4 § 1 (part), 1974: prior code § 2-202)
2.04.030 Bond.
The city manager and assistant 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, which shall be conditioned upon the faithful performance of the duties imposed upon the city manager and assistant city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. (Ord. 4 § 1 (part), 1971: prior code § 2-203)
2.04.050 Acting city manager.
If the city manager expects a situation to arise in which the city manager will be temporarily absent, the city manager shall designate an acting city manager. In the event of a separation from service, incapacity due to disability, long-term absence or death of the city manager, the city council shall appoint an acting city manager. (Ord. 590 § 1 (part), 2014: Ord. 4 § 1 (part), 1971: prior code § 2-205)
2.04.060 Compensation.
The city manager shall receive such compensation as the city council shall from time to time determine, but shall not be less than one dollar per year. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of duties imposed upon him by law or authorized by resolution of the city council. (Ord. 4 § 1 (part), 1971: prior code § 2-206)
2.04.070 Powers and duties generally.
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 2.04.080 through 2.04.190. (Ord. 4 § 1 (part), 1971: prior code § 2-207 (part))
2.04.080 Law enforcement duties.
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. 4 § 1 (part), 1971: prior code § 2-207(a))
2.04.090 Personnel direction.
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. 4 § 1 (part), 1971: prior code § 2-207(b))
2.04.100 Personnel appointment and removal.
Except as provided in Chapters 2.12, City Clerk, 2.16, City Treasurer, and 2.20, City Attorney, 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, or motion of the city council entered on the minutes. Prior to appointment of an executive management position, the city manager shall consult with the city council. (Ord. 590 § 1 (part), 2014: Ord. 4 § 1 (part), 1971: prior code § 2-207(c))
2.04.110 Administrative organization duties.
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. 4 § 1 (part), 1971: prior code § 2-207(d))
2.04.120 Ordinance recommendations.
It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as he deems necessary. (Ord. 4 § 1 (part), 1971: prior code § 2-207(e))
2.04.130 Council meeting attendance.
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. 4 § 1 (part), 1971: prior code § 2-207(f))
2.04.140 Financial reporting.
It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. (Ord. 4 § 1 (part), 1971: prior code § 2-207(g))
2.04.150 Budget preparation and submittal.
It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed salary plan to the city council for its approval. (Ord. 4 § 1 (part), 1971: prior code § 2-207(h))
2.04.160 Expenditure control and purchasing.
It shall be the duty of the city manager to ensure that procurement for all departments or divisions of the city and all resulting expenditures are handled in accordance with Foster City Municipal Code Chapter 3.04, Purchasing System, and any policies or procedures established pursuant to Foster City Municipal Code Chapter 3.04, Purchasing System. (Ord. 535 § 1, 2007: Ord. 4 § 1 (part), 1971: prior code § 2-207(i))
2.04.170 Investigational duties.
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. 4 § 1 (part), 1971: prior code § 2-207(j))
2.04.180 Public property supervision.
It shall be the duty of the city manager to 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. 4 § 1 (part), 1971: prior code § 2-207(k))
2.04.190 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. 4 § 1 (part), 1971: prior code § 2-207(l))
2.04.200 Council-manager relations.
The city council and its members shall deal with the administrative services of the city primarily through the city manager. (Ord. 4 § 1 (part), 1971: prior code § 2-208)
2.04.210 Departmental cooperation.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager and city council in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 4 § 1 (part), 1971: prior code § 2-209)
2.04.220 Commission, board or committee meeting attendance.
The city manager shall attend meetings of the planning commission, recreation and park commission and any other commissions, boards or committees created by the city council, upon direction of the city council. At such meetings which the city manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform the members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 4 § 1 (part), 1971: prior code § 2-210)
2.04.230 Removal.
The removal of the city manager shall be effected only by a vote of the city council, subject, however, to the provisions of Section 2.04.240. (Ord. 4 § 1 (part), 1971: prior code § 2-211)
2.04.240 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. 4 § 1 (part), 1971: prior code § 2-212)