Chapter 2.08 CITY MANAGER

The position of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council as provided in this chapter. (Ord. 80-11 § 1, 1980)

2.08.020 Reference to city administrator.

Whenever a reference is made to city administrator in this code, or in any other city ordinance, resolution, or action, that reference shall mean city manager. (Ord. 80-11 § 2, 1980)

2.08.030 Appointment and removal.

The city council shall appoint the city manager for an indefinite term and may remove him at any time by a three-member vote of the city council convened in a regular meeting. At least 30 days before the removal becomes effective, the council shall cause a written notice to be furnished to the manager stating the council’s intentions to remove him. If the manager so requests, the council shall provide, in writing, reasons for the intended removal within seven days after the request. The council may suspend the manager immediately from duty, but shall in any case cause to be paid him any unpaid balance of his salary up to the date upon which the removal becomes effective. The council, in removing the manager, shall use its uncontrolled discretion and its action shall be final. (Ord. 80-11 § 3, 1980)

2.08.040 Powers and duties designated.

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 is 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 is his duty and he has the powers set forth in HMC 2.08.050 through 2.08.160. (Ord. 80-11 § 4, 1980)

2.08.050 Law enforcement responsibility.

It is 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. 80-11 § 4(a), 1980)

2.08.060 Employee supervision.

It is the duty of the city manager, and he or she has the authority, to control, order, and give directions to all heads of departments and subordinate officers and employees of the city who are subject to removal by him or her. (Ord. 99-02 § 1, 1999; Ord. 80-11 § 4(b), 1980)

2.08.070 Appointment and removal authority.

Subject to the personnel rules of the city and any applicable memorandum of understanding with employee bargaining units, it is the duty of the city manager to, and he or she shall, appoint, remove, promote and demote any and all officers of the city, except the city treasurer, the city attorney, the chief of police when the city council has appointed the same person to the positions of chief of police and city manager, commissioners, and all elected officials. (Ord. 99-02 § 2, 1999; Ord. 80-11 § 4(c), 1980)

2.08.080 Administration.

It is the duty and responsibility of the city manager to conduct studies and effect 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. 80-11 § 4(d), 1980)

2.08.090 City council – Recommendations.

It is the duty of the city manager and he shall recommend the city council for adoption such measures, resolutions, and ordinances as he deems necessary. (Ord. 80-11 § 4(e), 1980)

2.08.100 City council – Meeting attendance.

It is the duty of the city manager to attend all meetings of the city council unless he is excused therefrom by the mayor individually, or by the city council. (Ord. 80-11 § 4(f), 1980)

2.08.110 Finance officer duties.

The city manager is the finance officer of the city, and it is his duty to, and he shall have the authority to, control, regulate, and authorize the purchasing and fiscal management activities of the city, within and in accord with the limitations prescribed by the general laws of the state and as allocated pursuant to the adopted city budget, and he shall keep the city council at all times fully advised of the financial conditions and needs of the city; and, at the end of each fiscal year, he shall cause to be presented a complete report to the city council on the financial status and fiscal activities of the city. (Ord. 80-11 § 4(g), 1980)

2.08.120 Budget preparation.

It is 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. 80-11 § 4(h), 1980)

2.08.130 Purchasing control.

It is the duty of the city manager to see that no expenditures are submitted or recommended to the city council, except on approval of the city manager or his authorized representative. The city manager or his authorized representative shall be responsible for the purchase of all supplies for all the departments or divisions of the city; further, it is the duty of the city manager to establish a centralized purchasing system for all city offices, departments, and agencies. (Ord. 80-11 § 4(i), 1980)

2.08.140 Complaint investigation.

It is 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 is 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. 80-11 § 4(j), 1980)

2.08.150 Public property supervision.

It is the duty of the city manager and he shall exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the city. (Ord. 80-11 § 4(k), 1980)

2.08.160 Additional duties.

It is 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 official action of the city council. (Ord. 80-11 § 4(l), 1980)

2.08.170 Participation in council meetings.

The city manager shall be provided a seat at the city council table and is entitled to participate in the deliberations of the city council but shall not have a vote. (Ord. 80-11 § 5, 1980)

2.08.180 Manager pro tempore.

The city manager shall appoint one of the officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. (Ord. 80-11 § 6, 1980)

2.08.190 Residency required.

Residence in the city at the time of appointment is not required as a condition of employment; however, residence in the city within six months after acceptance of an appointment to this position shall be encouraged. (Ord. 80-11 § 7, 1980)

2.08.200 Eligibility restriction.

No member of the city council is eligible for appointment as city manager until two years have elapsed after the council member has ceased to be a member of the city council. (Ord. 80-11 § 8, 1980)

2.08.210 Bond required.

The city manager and manager pro tempore shall furnish a corporate surety bond to be approved by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager or manager pro tempore as prescribed in this chapter. Any premium for the bond shall be a proper charge against the city. (Ord. 80-11 § 9, 1980)

2.08.220 Compensation.

The city manager shall receive such compensation as the city council shall from time to time determine. (Ord. 80-11 § 10, 1980)

2.08.230 Internal relations.

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 or instructions to any subordinates 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 councilman shall give any orders or instructions to the city manager. (Ord. 80-11 § 11, 1980)

2.08.240 Additional agreements.

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. 80-11 § 12, 1980)

2.08.250 Authority to sign contracts approved by the city council.

The following officers are authorized to execute contracts approved by the city council unless otherwise directed by the city council: mayor, city manager. (Ord. 11-04 § 1, 2011)