Chapter 2-08
CITY MANAGER
Sections:
2-08.020 Appointment—Terms and conditions.
2-08.040 Enforcement authority.
2-08.050 Supervisory authority.
2-08.060 Appointment authority.
2-08.070 Manager pro tempore—Appointment procedure.
2-08.080 Reorganization authority.
2-08.090 Recommendations of ordinances as necessary.
2-08.100 Financial reports—Responsibility to advise.
2-08.110 Budget—Duty to prepare and submit.
2-08.130 Investigations of operation and performance.
2-08.140 Public buildings—Supervisory authority.
2-08.150 Additional duties required.
2-08.160 Authority to contract.
2-08.170 Relations with City Council.
2-08.180 Duty of subordinate officers.
2-08.190 Agreements with Council.
2-08.010 Office established.
The office of City Manager is established. (Prior code § 2-08.010)
2-08.020 Appointment—Terms and conditions.
The City Manager shall be appointed by a majority vote of the City Council and shall serve at the sole pleasure of the City Council. The City Manager need not be a resident of the city. No Council Member shall receive the appointment during or within one year after the expiration of the term for which the Council Member has been elected. The terms and conditions of the City Manager’s service, including compensation, shall be governed by an employment contract. (Prior code § 2-08.020)
2-08.030 Powers and duties.
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. The City Manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. (Prior code § 2-08.030)
2-08.040 Enforcement authority.
A. 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.
B. The City Manager is empowered to designate city officers or employees of the city to exercise the powers authorized by Section 1-28.020 of this code. Any city officer or employee designated by the City Manager under this section shall have the powers and duties granted by this section only when performing expressly assigned duties. At all other times, the officers and employees shall have no status as a peace officer or any powers or authority or duties of a peace officer.
C. The City Manager is also responsible for general policy supervision of the public safety functions and shall be the primary liaison between these departments and the City Council.
(Prior code § 2-08.040)
2-08.050 Supervisory authority.
The City Manager shall supervise and direct all officers, heads of departments, subordinate officers, and employees of the city; except that he or she shall have no authority over the City Attorney. (Prior code § 2-08.050)
2-08.060 Appointment authority.
The City Manager shall have the authority to appoint, remove, promote, and demote any city officer or employee, except the City Attorney. (Prior code § 2-08.060)
2-08.070 Manager pro tempore—Appointment procedure.
The City Manager shall appoint, subject to 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 absence or disability of the City Manager and his or her failure to appoint a Manager Pro Tempore, the City Council may designate a city employee to perform the duties of the City Manager during the period of absence or disability of the City Manager. (Prior code § 2-08.070)
2-08.080 Reorganization authority.
The City Manager may consolidate, combine, or reorganize departments, offices, positions, or units under his or her supervision as may in his or her discretion, determine to be in the interest of efficient, effective, and economical conduct of the city’s business. The City Manager may, if deemed appropriate, be head of one or more departments. (Prior code § 2-08.080)
2-08.090 Recommendations of ordinances as necessary.
The City Manager shall recommend to the City Council for adoption such measures and ordinances as the City Manager deems necessary or expedient. (Prior code § 2-08.090)
2-08.100 Financial reports—Responsibility to advise.
The City Manager shall periodically advise the City Council of the financial condition and requirements of the city. (Prior code § 2-08.100)
2-08.110 Budget—Duty to prepare and submit.
The City Manager shall prepare and submit the annual or multi-year budget to the City Council and be responsible for its administration after adoption. (Prior code § 2-08.110)
2-08.120 Purchasing.
The City Manager or his or her designee shall purchase all materials, supplies, services, and equipment for which funds are provided in the budget. No purchase shall be made, contract let, or obligation for any item or service which exceeds the current budget appropriation made without a supplemental appropriation by the City Council. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager; provided, that the provisions of this section with respect to the actual purchase of supplies shall not apply to purchases made when required under a sealed bid presented to the City Council or as provided under Section 2-08.160 of this code. The City Manager shall advise the City Council on the advantages or disadvantages of contract and bid proposals. (Prior code § 2-08.120)
2-08.130 Investigations of operation and performance.
The City Manager shall investigate the operation and performance of the city and any department or division thereof. The City Manager, or his or her designee, shall investigate all complaints concerning the administration of the city government, the service maintained by public utilities in the city, and the franchises, permits, or privilege granted by the city. (Prior code § 2-08.130)
2-08.140 Public buildings—Supervisory authority.
The City Manager shall exercise general supervision over all public buildings, public parks, and other public property under the control and jurisdiction of the City Council. (Prior code § 2-08.140)
2-08.150 Additional duties required.
The City Manager shall perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other action of the City Council. (Prior code § 2-08.150)
2-08.160 Authority to Contract.
A. In case of accident, disaster, or other circumstances creating a public emergency, the City Manager may in accordance with the City’s disaster preparedness plan, award contracts and make purchases for the purpose of meeting such emergency. The City Manager shall file promptly with the City Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.
B. The City Manager may enter into a contract on behalf of the City for materials, supplies, equipment and services (excluding construction services) up to and including fifty thousand dollars ($50,000.00).
(Ord. 2004-5 § 3: Ord. 02-7 § 4)
2-08.170 Relations with City Council.
The City Council and its members shall deal with the administrative services of the city only through the City Manager. The City Manager shall take 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. The City Council shall instruct the City Manager in matters of policy. Any action, determination, or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change, or modify any such action, determination, or omission except by the affirmative vote of at least three members of the City Council. (Prior code § 2-08.170)
2-08.180 Duty of subordinate officers.
It is the duty of all subordinate officers, the City Clerk, and City Attorney 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 law and ordinance of the city. (Prior code § 2-08.180)
2-08.190 Agreements with Council.
Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any employment agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. (Prior code § 2-08.190)
2-08.200 Removal from office.
Notwithstanding any other provision to the contrary, the City Manager shall not be removed from office during or within a period of one hundred eighty (180) days next succeeding any general municipal election at which election a member of the City Council is elected. The intent 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 his or her office. After the expiration of such one hundred eighty (180) day period aforementioned, the provisions of the City Manager employment agreement regarding removal from office shall apply and be effective. (Prior code § 2-08.200)