Chapter 2.08
CITY MANAGER1
Sections:
2.08.010 Office established—Appointment—Qualifications—Term of office.
2.08.020 Residency at time of appointment not required.
2.08.030 Eligibility of member of city council.
2.08.050 Absence or disability.
2.08.070 Reimbursement for travel expenses.
2.08.090 Subordinance to personnel regulations.
2.08.100 Administrative services.
2.08.120 Office exclusive of civil service system.
2.08.010 Office established—Appointment—Qualifications—Term of office.
The office of city manager is created and established. The city manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability. He shall hold office at and during the pleasure of the City Council. (Prior code § 2.16).
2.08.020 Residency at time of appointment not required.
Residence in the city, at the time of appointment, shall not be required as a condition of appointment. (Prior code § 2.17).
2.08.030 Eligibility of member of City Council.
No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the City Council. (Prior code § 2.18).
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 on the faithful performance of the duties imposed on the city manager as prescribed by this chapter. (Prior code § 2.19).
2.08.050 Absence or disability.
In case of the absence or disability of the city manager, the City Council may designate some duly qualified person to perform the duties of the city manager, during the period of absence or disability of the city manager, subject, however, to such person furnishing a corporate surety bond conditioned on faithful performance of the duties required to be performed by this chapter. (Prior code § 2.20).
2.08.060 Compensation.
The city manager shall receive such compensation as the City Council from time to time determines and fixes by resolution and such compensation shall be a proper charge against such funds of the city that the City Council designates. (Prior code § 2.21).
2.08.070 Reimbursement for travel expenses.
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 which reimbursement is requested, has been presented to the City Council and duly approved and allowed by them. (Prior code § 2.22).
2.08.080 Powers—Duties.
The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the power:
(1) Enforcement of Laws. To 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;
(2) To Direct, etc., Officers and Employees. To control, order and give directions to all heads of departments, subordinate officers, and employees of the city, except the city attorney; and to transfer employees from one (1) department to another, and to consolidate or combine offices, positions, departments or units under his or her direction;
(3) Appointment and Removal of Officers and Employees. To appoint and remove any officers and employees of the city except the city attorney, subject to the rules relating to personnel management;
(4) Control of Departments and Officers and Employees. To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city attorney;
(5) Attendance at City Council Meetings. To attend all meetings of the city council unless excused therefrom by the city council, except when his or her removal is under consideration by the city council;
(6) Recommendation of Ordinances. To recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient;
(7) Fiscal Advice. To keep the city council at all times fully advised as to the financial conditions and needs of the city;
(8) Preparation of Budget. To prepare and submit to the city council the annual budget;
(9) Purchases and Expenditures. To purchase all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the city council, except on report or approval of the city manager;
(10) 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 running to the city;
(11) Investigation of Complaints. 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, permits and privileges granted by the city are faithfully performed and observed;
(12) Supervision of Public Buildings. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council and not specifically delegated to a particular board or officer;
(13) Approval of Plans and Designs. To exercise directly or through his or her designee discretionary approval of plans, designs and any design amendments or addenda for public improvement projects for which the city council has delegated authority to the city manager or which are within the city manager’s discretionary authority. The city manager or his or her designee shall sign the plans and designs indicating approval;
(14) Devotion of Entire Time to Duties. To devote his or her entire time to the duties of his or her office and the interests of the city;
(15) Leadership in Civic Movements. To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the city council;
(16) Additional Duties. To 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 of the city council. (Ord. 1052 § 2, 2019: Ord. 511 § 2, 1971; Prior code § 2.23).
2.08.090 Subordinance to personnel regulations.
The exercise of the powers and duties of the city manager and the provisions of this chapter shall be subject to Chapter 2.36, regarding the rules and regulations respecting the personnel system. (Ord. 657 § (a), 1980: Prior code § 2.24).
2.08.100 Administrative services.
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 members thereof shall give orders to any subordinates of the city manager. (Prior code § 2.25).
2.08.110 Removal from office.
The removal of the city manager shall be only on a majority vote of the whole council. In case of his intended removal by the council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reasons therefor, at least, thirty days before the effective date of his removal.
Within seven days after the delivery to the city manager of such notice, he may by written notification to the city clerk, request a public hearing before the council. Thereafter the council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, and at which the city manager shall appear and be heard.
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 public hearing.
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 publicly to the City Council his grounds of opposition to removal prior to its action.
The city manager shall not be removed from office during or within a period of ninety 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 to 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 ninety-day period aforementioned, the >provisions of the preceding paragraphs as to the removal of the city manager shall apply and be effective. (Prior code § 2.26).
2.08.120 Office exclusive of civil service system.
The office of city manager is specifically excluded from the civil service or personnel system of the city. The city manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system and he shall not be subject to the procedures outlined or prevailing in the system. (Prior code § 2.27).
For statutory provisions regarding the city manager form of government, see Gov. Code §§ 34851—34859.