Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office created – Qualifications – Appointment and term of office.
2.08.020 Repealed.
2.08.030 Eligibility of Council members.
2.08.040 Bond.
2.08.050 Absence or disability – Temporary City Manager.
2.08.060 Powers and duties.
2.08.070 Relations between Council and City Manager.
2.08.080 Attendance at other commission and board meetings.
2.08.090 Departmental cooperation.
2.08.100 Compensation and expense allowance.
2.08.110 Traveling expense reimbursement.
2.08.120 Removal from office – Council vote and notice required.
2.08.130 Removal from office – Hearing requirements.
2.08.140 Removal from office – Suspension pending hearing.
2.08.150 Removal from office – Council discretion.
2.08.160 Removal from office – Limitations before municipal elections.
2.08.010 Office created – Qualifications – Appointment and term of office.
The office of 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. (Ord. 2065 § 1(A), 2018; 1960 code § 2.17)
2.08.020 Residency requirements.
Repealed by Ord. 1971. (1960 code § 2.18)
2.08.030 Eligibility of Council members.
No person elected as a Councilman of the City 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. (Ord. 2065 § 1(A), 2018; Ord. 2016 § 1(D), 2015; 1960 code § 2.19)
2.08.040 Bond.
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 prescribed by this chapter. Any premium for such bond shall be a proper charge against the City. (Ord. 2065 § 1(A), 2018; 1960 code § 2.20)
2.08.050 Absence or disability – Temporary City Manager.
During the absence or disability of the City Manager, the following shall apply:
A. In case of the temporary absence, unavailability, or disability of the City Manager, the Assistant City Manager shall perform the duties and exercise the powers of the City Manager. The City Manager may also appoint one of the officers or department heads of the City to serve as temporary City Manager or temporary Assistant City Manager.
B. In case of any other absence or disability of the City Manager when the City Manager has failed to appoint a temporary City Manager, the City Council may designate some qualified city employee or officer to perform the duties of the City Manager, subject, however, to such person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in LMC 2.08.040. (Ord. 2065 § 1(A), 2018; Ord. 1895 § 2, 2010; 1960 code § 2.21)
2.08.060 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 code. 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 power:
A. Enforcement of Laws. 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. Authority Over Employees. To control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction, except the City Attorney and city treasurer, through their department heads;
C. Appointment and Removal of Officers and Employees. To appoint and, when necessary for the good of the service, remove any employee of the City, except the City Attorney, the City Attorney’s staff and the city treasurer;
D. Reorganization of Offices. To recommend to the City Council such reorganization of offices, positions, departments or units under his direction, as may be indicated in the interest of efficient, effective and economical conduct of the City’s business;
E. Recommend Ordinances. To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient;
F. Attendance at Council Meetings. To attend all meetings of the City Council unless excused therefrom, except when his removal is under consideration;
G. Financial Reports. To keep the City Council at all times fully advised as to the financial conditions and needs of the City;
H. Preparation of Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval;
I. Purchase of Supplies. To purchase all supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager;
J. Investigation of City Affairs. 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;
K. Investigate Complaints Concerning Public Utilities, Franchises. 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 permits granted by the City are faithfully performed and observed;
L. Supervision of Public Buildings and Parks. To exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council;
M. Hours of Employment. To devote his entire time to the duties of his office in the interests of the City;
N. Additional Duties. 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 action of the City Council. (Ord. 2065 § 1(A), 2018; Ord. 1728 § 3, 2004; 1960 code § 2.24)
2.08.070 Relations between Council and City Manager.
The City Council and its members shall deal with the administrative services of the City Manager 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 of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly held meeting of the City Council, and no individual Councilman shall give any orders or instructions to the City Manager. (Ord. 2065 § 1(A), 2018; 1960 code § 2.25)
2.08.080 Attendance at other commission and board meetings.
The City Manager may attend any and all meetings of the Planning Commission, park commission, and any other commissions, boards or committees hereafter created by the City Council, upon his own volition or upon direction of the City Council. At such meetings which the City Manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform such members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. (Ord. 2065 § 1(A), 2018; 1960 code § 2.27)
2.08.090 Departmental cooperation.
It shall be the duty of all subordinate officers, and the city treasurer 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 ordinances of the City. (Ord. 2065 § 1(A), 2018; Ord. 1895 § 2, 2010; 1960 code § 2.26)
2.08.100 Compensation and expense allowance.
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 shall be a charge against such funds of the City as the City Council shall designate. (Ord. 2065 § 1(A), 2018; 1960 code § 2.22)
2.08.110 Traveling expense reimbursement.
The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties, or incurred when traveling 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 such business for which reimbursement is requested, has been presented to the City Council for approval. (Ord. 2065 § 1(A), 2018; 1960 code § 2.23)
2.08.120 Removal from office – Council vote and notice required.
The removal of the City Manager shall be only upon a three-member vote of the whole Council of the City in regular Council meeting, subject, however, to the provisions of LMC 2.08.130 through 2.08.160. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council’s intention to remove him and the reason therefor, at least 30 days before the effective date of his removal. (Ord. 2065 § 1(A), 2018; 1960 code § 2.28)
2.08.130 Removal from office – Hearing requirements.
Within seven days after the delivery to the City Manager of the notice referred to in LMC 2.08.120 he may, by written notification to the city clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing, which shall be held at its usual meeting place, but before the expiration of the 30-day period, at which the City Manager shall appear and be heard, with or without counsel. (Ord. 2065 § 1(A), 2018; 1960 code § 2.29)
2.08.140 Removal from office – Suspension pending hearing.
After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by resolution of the Council, passed subsequent to the aforesaid hearing. (Ord. 2065 § 1(A), 2018; 1960 code § 2.30)
2.08.150 Removal from office – Council discretion.
In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final, and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal prior to its action. (Ord. 2065 § 1(A), 2018; 1960 code § 2.31)
2.08.160 Removal from office – Limitations before municipal elections.
Notwithstanding the provisions of LMC 2.08.120 through 2.08.150, 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 his office. After the expiration of the 90-day period, the provisions of the preceding section as to the removal of the City Manager shall apply and be effective. (Ord. 2065 § 1(A), 2018; 1960 code § 2.32)