Chapter 2.06 CITY MANAGER

The office of the city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Ord. 390 § 1, 1986).

2.06.020 Appointment restriction.

No member of the city council shall be eligible for appointment as city manager until six months after such councilmember shall have ceased to be a member of the city council. (Ord. 435 § 1, 1997; Ord. 390 § 1, 1986).

2.06.030 Surety bond requirement.

The city manager and any acting city manager shall furnish a corporate surety bond in such sum as may be determined by resolution of the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 390 § 1, 1986).

2.06.040 Acting city manager.

If, during any disability or temporary absence from the city of the city manager, the mayor, or in the event of the mayor’s absence from the city, the mayor pro tempore, shall determine if necessary to appoint an acting city manager for the proper and efficient administration of city business, then in that event the mayor or mayor pro tempore may temporarily appoint a qualified city employee to act as city manager during the absence of the city manager. Any such temporary appointment shall be effective only until the next regular or properly called special meeting of the city council at which time such temporary appointment shall terminate unless ratified by a majority of the city council. In the event such temporary appointment by the mayor pro tempore is not ratified by the city council, then the city council may, if it determines the need exists, appoint an acting city manager during the remaining absence of the city manager. Nothing in this chapter shall prevent the city council, in anticipation of a temporary absence of the city manager, from appointing an acting city manager during such absence. (Ord. 390 § 1, 1986).

2.06.050 Compensation – Reimbursement of expenses.

A. The city manager shall receive such compensation and expense allowance as the city council shall from time to time determine and fix by resolution, and such compensation and expense allowance shall be a proper charge against such funds of the city as the city council shall designate.

B. The city manager shall be reimbursed for all sums necessarily incurred or paid by the city manager in the performance of duties or incurred when travelling 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 by the city council duly approved and allowed. (Ord. 435 §§ 2, 3, 1997; Ord. 390 § 1, 1986).

2.06.060 Duties, powers and obligations.

The city manager is authorized to, and shall control, order and give directions to, all heads of departments and to subordinate officers and employees of the city through their department head, transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under the city manager’s direction. It shall be the further duty of the city manager to keep the city council fully advised of the affairs of the city at all times, and to consult with the city council upon matters of city policy. (Ord. 435 § 4, 1997; Ord. 390 § 1, 1986).

2.06.061 Time required.

The city manager shall devote their entire time to the duties of office in the interests of the city. Such provision shall not preclude the city manager from a professionally related job; provided, however, that any such other job shall be with the prior approval of the city council and shall not interfere with duties as city manager in any way. (Ord. 435 § 5, 1997; Ord. 390 § 1, 1986).

2.06.062 Enforcement of ordinance.

The city manager is authorized to and shall see that all laws and ordinances of the city are duly enforced, and that all franchises, permits and privileges granted by the city are faithfully observed. (Ord. 435 § 6, 1997; Ord. 390 § 1, 1986).

2.06.063 Authority.

The city manager is authorized to and shall exercise control over all departments of government of the city and over all appointive officers and employees thereof, except that the city attorney shall be appointed by and be responsible to the city council, and not the city manager. (Ord. 435 § 7, 1997; Ord. 390 § 1, 1986).

2.06.064 Power of appointment and removal.

The city manager is authorized to and shall appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer, subject to all applicable personnel ordinances, rules and regulations. (Ord. 435 § 8, 1997; Ord. 390 § 1, 1986).

2.06.065 Reorganization authority.

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 business. (Ord. 390 § 1, 1986).

2.06.066 Attendance at meetings.

It shall be the duty of the city manager to attend all meetings of the city council, planning commission and personnel board unless, upon request, the city manager is excused by the mayor individually or the city council, except when removal of the city manager is under consideration. The city manager may also attend meetings of any other board or commission created by the city council, and shall attend when so directed by the city council. At such meetings which the city manager attends, the city manager shall be heard by such commissions, boards or committees as to all matters upon which the city manager wishes to address the members thereof, and the city manager shall inform the members as to the status of any matter being considered by the city council, and shall cooperate to the fullest extent with the members of all commissions, boards or other committees appointed by the city council. (Ord. 435 § 9, 1997; Ord. 390 § 1, 1986).

2.06.067 Originating ordinances.

It shall be the duty of the city manager to recommend to the city council, for adoption, such measures and ordinances as are deemed necessary for the prudent management of city business. (Ord. 435 § 10, 1997; Ord. 390 § 1, 1986).

2.06.068 Financial.

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. 390 § 1, 1986).

2.06.069 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. (Ord. 390 § 1, 1986).

2.06.069.1 Purchasing authority.

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 or the city manager’s authorized representative. (Ord. 435 § 11, 1997; Ord. 390 § 1, 1986).

2.06.069.2 Investigations.

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 and to report to the city council any investigations or complaints and the steps taken in response, or recommended to be taken, if any. (Ord. 390 § 1, 1986).

2.06.069.3 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 control and jurisdiction of the city council. (Ord. 435 § 12, 1997; Ord. 390 § 1, 1986).

2.06.069.4 Additional.

It shall be the duty of the city manager to perform such other additional duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other official action of the city council. (Ord. 435 § 13, 1997; Ord. 390 § 1, 1986).

2.06.070 Duties of others.

The city council and its members shall deal with the administrative services of the city only through the city manager, except for purposes of inquiry, and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take orders and instructions only from the city council. The city manager shall have the obligation to respond to inquiry from any councilmember. (Ord. 435 § 14, 1997; Ord. 390 § 1, 1986).

2.06.071 Cooperation from others.

It shall be the duty of all subordinate officers and the city clerk, the city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently and economically. (Ord. 390 § 1, 1986).

2.06.080 Removal from office.

A. The removal from office of the city manager shall be only upon a majority vote of the whole of the city council subject, however, to the provision of subsections B and D of this section. The city manager shall be provided with 10 days’ written notice of the city council’s intention to remove the city manager from office.

B. At the time of, or after, furnishing the city manager with written notice of intended removal, the city council may suspend the city manager from duty, but compensation for the city manager shall continue until removal from office by resolution of the council.

C. In removing the city manager, the city council shall use its uncontrolled and unfettered discretion and its action shall be final.

D. The city manager shall not be removed from office during or within a period of 90 days next succeeding 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 ability of the city manager in the performance of the powers and duties of the office. After the expiration of such 90-day period aforementioned, the provisions of subsections A through C of this section as to the removal of the city manager shall apply and be effective. Nothing in this chapter shall prevent the immediate suspension or removal from office of the city manager at any time where a majority of the city council has reasonable cause to believe that the incumbent city manager has intentionally misappropriated public funds or otherwise intentionally violated public trust for the personal gain of the city manager or others. (Ord. 435 § 16, 1997; Ord. 420, 1992; Ord. 390 § 1, 1986).

2.06.090 Supplemental agreements.

Nothing in this chapter shall be construed as a limitation on the power of 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. 390 § 1, 1986).

2.06.095 Change of chapter.

The city council may amend, alter, revise or rescind this chapter in the manner by which adopted or in any manner allowed by law. (Ord. 390 § 1, 1986).