2-2
CITY MANAGER:
2-2.1 Office Established:
The office of city manager is hereby created and established. (Code 1972 §2-16)
2-2.2 Appointment And Term Of Office:
The city manager shall be appointed by the city council solely on the basis of his administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the city council. (Code 1972 §2-17)
2-2.3 Compensation:
The city manager shall receive such salary as the city council shall determine and fix by resolution or order. (Code 1972 §2-18)
2-2.4 Eligibility Of Councilmen:
No person elected to membership on the city council or appointed by the city council to fill a vacancy occurring on the city council shall, subsequent to such election or appointment be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected or appointed. (Code 1972 §2-19)
2-2.5 Administrative Head Of The City Government:
The city manager shall be the administrative head of the government of the city, under the direction and control of the city council. (Code 1972 §2-20)
2-2.6 Powers And Duties Generally1:
The city manager 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 powers set forth in this section, including, but not limited to, the following:
a. Enforcement Of Laws: To see that all laws, provisions of this code and other city ordinances are fully enforced.
b. Employment, Discharge or Discipline of Officers and Employees. To employ, discipline or remove all heads of departments, and all subordinate officers and employees of the City, acting jointly with the City Council in the case of department heads, and jointly with the heads of departments in the case of all other officers or employees. Such action shall be taken pursuant to the provisions of the personnel rules and regulations prescribed in Chapter 18. Nothing shall apply to the City Attorney, the City Treasurer or the City Clerk in this subsection.
c. Transfer and Consolidation of Offices. To transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his jurisdiction with the approval of the City Council in each instance.
d. Control over Departments and Appointive Officers. To exercise control over all departments and divisions of the City government and over all appointive officers and employees thereof, subject to the approval of the City Council.
e. Supervise Purchase of Supplies. Supervise the purchase of all of the supplies for all of the departments or divisions of the City; and no expenditure shall be submitted or recommended to the City Council except upon the report or approval of the City Manager.
f. Investigation of City Affairs. To make investigations into the affairs of the City or any department or division thereof, or any contract, or the proper performance of any obligation running to the City.
g. Investigation of Complaints; Supervision of Franchises and Privileges. To investigate all complaints in relation to all matters concerning the government of the City and in regard to the service maintained by public utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully observed.
h. Supervision of Public Property. To exercise general supervision over all public buildings, public parks, and other public property which is under the control and jurisdiction of the City Council.
i. Attendance at Council Meetings. To attend all meetings of the City Council and its committees, unless excused therefrom by the City Council or the committee, except when his removal is under consideration by the City Council.
j. Recommendation of Legislation. To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient.
k. Advice to the City Council. To keep the City Council at all times advised as to the financial condition and needs of the City.
l. Preparation of Budget. To prepare and submit to the City Council the annual budget.
m. Devote Entire Time to City. To devote his entire time to the duties and interests of the City.
n. Performance of Delegated Powers and Duties. To perform such other duties and exercise such other powers as may be delegated by ordinance or resolution of the City Council. (Code 1972 §2-21)
State law reference: Requirement that powers and duties of the City manager be defined, Gov. Code, §34852.
2-2.7 Succession to Office During the Inability of the City Manager to Act.
In case of the absence, suspension or disability of the City Manager, the City Council may designate the official who shall perform the duties of the City Manager during his period of absence, suspension or disability. (Code 1972 §2-22; Ord. #999, §1)
2-2.8 City Council to Act Through City Manager in Dealing with Subordinates.
Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service of the City solely through the City Manager and neither the City Council, nor any member thereof, shall give orders to any of the subordinates of the City Manager. (Code 1972 §2-23)
2-2.9 Suspension or Removal from Office; Procedure; When Prohibited.
a. The City Manager may be suspended or removed by the City Council only as follows:
1. The City Council shall, by order or resolution, signify its intention to remove the City Manager from office and shall include therein its reason therefor and may, at its option, suspend the City Manager from office pending final action by the City Council.
2. Within five (5) days after the adoption of the order or resolution pursuant to subparagraph 1 above the City Clerk shall deliver personally or by mail to the City Manager a certified copy of the order or resolution. Within seven (7) days after the delivery to him of a certified copy of the order or resolution, the city manager may demand a public hearing or a hearing at an executive session of the city council, at his option, by delivering personally or by mail to the city clerk a demand, in writing, for the hearing. The demand shall specify whether the city manager demands a public hearing or a hearing in executive session.
3. If no demand is filed as provided in subsection 2-2.9a2 of this section, the city council may, by order or resolution, remove the city manager from office at a regular or a special meeting of the city council.
4. If a demand for a hearing is filed by the city manager as provided in subsection 2-2.9a2 of this section, the city council shall set a time for the hearing which shall not be less than ten (10) days nor more than thirty (30) days from the date the demand is delivered to the city clerk, and a written notice of the time and place of the hearing shall be delivered personally or by mail to the city manager not less than seven (7) days prior to the time set for the hearing.
5. The city council, in passing upon the question as to whether or not the city manager shall be removed, shall use its own 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 final action.
6. The salary of the city manager shall continue until the final action of the city council.
b. Notwithstanding the provisions of subsection 2-2.9a of this section, the city manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a member of the city council is elected. (Code 1972 §2-24)
Gov.C. §34852.