CHAPTER 1.28
CITY MANAGER
SECTION:
1.28.010: Office Created; Appointment
1.28.070: Council Manager Relations
1.28.080: Cooperation Of Subordinate Officers
1.28.090: Attendance At Commission Meetings
1.28.110: Agreement On Employment
1.28.120: Limitation On Removal Of Officers
1.28.130: References To Chief Administrative Officer
1.28.010 OFFICE CREATED; APPOINTMENT:
The office of city manager is created and established pursuant to section 34851 of the Government Code. The city manager shall be appointed as an at-will employee by the city council and shall hold office for and during the pleasure of the city council. (1972 Code § 2.08.010; amd. Ord. 2023-138, 6-20-2023)
1.28.020 ELIGIBILITY:
No person elected as a city council member shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council. (1972 Code § 2.08.020; amd. Ord. 2023-138, 6-20-2023)
1.28.030 BOND REQUIRED:
If not covered by blanket bond or other means of coverage applicable to all city employees, 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 shall be conditioned upon the faithful performance of the duties imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. (1972 Code § 2.08.030; amd. Ord. 2023-138, 6-20-2023)
1.28.040 TEMPORARY MANAGER:
The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and the failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager; subject however, to the person furnishing a corporate surety bond unless the designee’s actions are covered by a city blanket bond or other means of coverage. (1972 Code § 2.08.040; amd. Ord. 2023-138, 6-20-2023)
1.28.050 COMPENSATION:
A. Fixed By Agreement And/Or Resolution: The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and approve by agreement and/or resolution.
B. Travel Expenses; Itemized Claim: The city manager shall be reimbursed for all sums necessarily incurred or paid in the performance of official duties or incurred when traveling on business pertaining to the city under direction of the city council in accordance with established policy or as otherwise approved by the city council. (1972 Code § 2.08.050; amd. Ord. 2023-138, 6-20-2023)
1.28.060 POWERS AND DUTIES1:
A. Generally:
1. Administrative Head Of City Government: The city manager shall be the administrative head of the government of the city under the general direction and control of the city council.
2. Responsible For Efficient Administration: The city manager shall be responsible for the efficient administration of all the affairs of the city under his/her control.
3. Powers And Duties Generally: In addition to the general powers as administrative head and not as a limitation thereof, the city manager shall have and exercise such other powers as may be delegated to him/her by ordinance, resolution, this code, or other action of the city council.
B. Specific Duties:
1. Law Enforcement: It shall be the duty of the city manager to enforce all city laws and ordinances and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
2. Inquiries And Direction From City Council: The city manager shall respond to all requests of the city council or its members for information and advice on a timely basis and see that all instructions, orders and decisions from the council as a whole are carried out in an orderly manner.
3. Authority Over Employees: It shall be the duty of the city manager and he/she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city through their department heads. This authority shall not apply to the city attorney, who shall endeavor to work cooperatively with the city manager pursuant to direction from the city council.
4. Personnel Officer: The city manager shall be the personnel officer of the city and shall, pursuant to California Government Code section 34856, have the power and authority to appoint, dismiss, promote, and demote any and all department heads and employees of the city, subject to all applicable personnel policies, rules and regulations that may be adopted by resolution or ordinance of the city council, except the city attorney, elective officers, and members of appointed boards and commissions. The city manager, or his/her designee, shall represent the city pursuant to California Government Code section 3500 et seq.
5. Reorganization Of Offices: It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business.
6. Ordinances: It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as deemed necessary or expedient. Pursuant to California Government Code section 41802, the city manager shall work with the city attorney to ensure that all ordinances and resolutions have been properly prepared for council consideration and subsequent city implementation.
7. Attendance At Council Meetings: It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor or city council.
8. Financial Reports: It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial conditions and needs of the city.
9. 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.
10. Purchasing Agent: The city manager, as authorized purchasing agent of the city, shall be responsible for the purchase of all supplies for all of the departments of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.
11. Contracts For Services: The city manager shall be responsible for notifying the city council of all contracts for services executed under the city manager’s spending authority (without city council approval). Thereafter, it shall be the duty of the city manager to administer each such contract and determine that its provisions are being properly carried out and to report to the city council at such times as the council may direct on the performance of the contractor.
12. Investigation: 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.
13. Public Utilities; Franchises: 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, and to see that all franchises and/or permits granted by the city are faithfully performed and observed.
14. Public Buildings: 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 council.
15. Hours Of Employment: It shall be the duty of the city manager to devote appropriate time to the duties of his/her office in the interest of the city.
16. Signing Documents: Pursuant to Government Code section 40602, in addition to the powers of execution granted to the city’s mayor, the council hereby delegates authority to the city manager to sign all written contracts and conveyances awarded or otherwise approved by the city, and all instruments requiring the city seal. This authority shall also inure to contracts at or below the monetary threshold established from time to time by the city council for which the city manager is authorized to award without council approval.
17. Ex Officio City Clerk: In the absence of an elected city clerk, the city manager shall serve as the city clerk ex officio and shall faithfully execute the duties and responsibilities of such office. The city manager shall be authorized to appoint deputy city clerks as needed. (1972 Code §§ 2.08.070 through 2.08.190; amd. 2003 Code; Ord. 2010-61, 2-16-2010; Ord. 2016-93, 4-4-2016; Ord. 2023-138, 6-20-2023)
1.28.070 COUNCIL MANAGER RELATIONS:
A. Council Powers Limited: 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 subordinates (department heads, employees, volunteers) of the city manager.
B. Instructions To Manager At Meeting: The city manager shall take orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual council member shall give any orders or instructions to the city manager. (1972 Code § 2.08.200; amd. Ord. 2023-138, 6-20-2023)
1.28.080 COOPERATION OF SUBORDINATE OFFICERS:
It shall be the duty of all subordinate officers and employees to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by city law, policies and ordinances. (1972 Code § 2.08.210; amd. Ord. 2023-138, 6-20-2023)
1.28.090 ATTENDANCE AT COMMISSION MEETINGS:
The city manager may attend any and all meetings of the planning commission, recreation or park commission and any other commissions, board or committees hereafter created by the city council and discuss any matters relevant to business before the involved commission, board or committee. (1972 Code § 2.08.220; amd. Ord. 2023-138, 6-20-2023)
1.28.100 REMOVAL OF MANAGER:
The city manager may be terminated by the city council at any time subject to such conditions as may be agreed upon in writing by the city manager and city council. (1972 Code §§ 2.08.230 through 2.08.260; amd. Ord. 2023-138, 6-20-2023)
1.28.110 AGREEMENT 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 directly inconsistent with any provision of this chapter. (Ord. 2023-138, 6-20-2023)
1.28.120 LIMITATION ON REMOVAL OF OFFICERS:
Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager shall not be removed from office during or within a period of one hundred eighty (180) days following any general municipal election held in the city after the city manager’s appointment at which a new member of the city council is elected. The purpose of this provision is to allow 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 said office. After the expiration of the one hundred eighty (180) day period aforementioned, the provisions of the preceding section as to the removal of the city manager shall apply and be effective. (1972 Code § 2.08.270; amd. Ord. 2023-138, 6-20-2023. Formerly 1.28.110)
1.28.130 REFERENCES TO CHIEF ADMINISTRATIVE OFFICER:
Whenever in this code or in any ordinance or resolution reference is made to the "chief administrative officer," such section or provision shall be applicable to the city manager who shall henceforth be the "chief administrative officer." (1972 Code § 2.08.280; amd. Ord. 2023-138, 6-20-2023. Formerly 1.28.120)
See also section 1.32.020 of this title.