Chapter 2.04 CITY MANAGER

The position of the city manager of the city of Rancho Cordova (“the city”) is hereby created and established pursuant to Section 34851 of the Government Code. The city manager shall be appointed by the city council wholly on the basis of administrative and executive ability, skill and qualifications. [Ord. 67-2004 § 1.1; Ord. 2-2003 § 1].

2.04.020 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. The city manager shall have the duties and powers set forth herein. [Ord. 67-2004 § 1.2; Ord. 2-2003 § 6].

2.04.030 Law enforcement.

It shall be the duty of the city manager to enforce or cause to be enforced 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. 67-2004 § 1.3; Ord. 2-2003 § 7].

2.04.040 Powers of appointment and removal.

It shall be the duty of the city manager, pursuant to Section 34856 of the Government Code, to appoint and remove any and all officers and department heads, including the city clerk and city treasurer, but excluding the city attorney. The city manager shall either approve the appointment, removal, promotion or demotion of all other city employees or authorize department heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel policies. [Ord. 67-2004 § 1.4; Ord. 2-2003 § 9].

2.04.050 Authority over employees.

It shall be the duty of the city manager, and the city manager shall have the authority, to control, order and give directions to all heads of departments and to subordinate officers, employees, contractors, subcontractors, volunteers and other service providers or agents of the city. The city manager may set aside any action taken by a department head and may supersede him/her in the functions of his/her office, except as expressly prohibited by state law, federal law or city contract. [Ord. 67-2004 § 1.5; Ord. 2-2003 § 8].

2.04.060 Competitive salaries.

In recognition of the critical importance of staff and consultants to achieving the objectives and potential of the city, it shall be the duty of the city manager to establish and maintain salaries and benefits sufficient to attract and retain talented, creative and dedicated employees and consultants. [Ord. 67-2004 § 1.6].

2.04.070 Internal relations.

A. Orders and Instructions from City Council. The city manager shall take orders and instructions from the city council only when sitting in a duly convened meeting of the city council. No individual council member shall give any orders or instructions to the city manager.

B. No City Council Authority over Subordinates of the City Manager. Neither the mayor, the city council, nor any individual council member shall give any orders or instructions to any department head, officer or employee of the city under the city manager’s jurisdiction, either publicly or privately. Except for the purpose of inquiry, the mayor and council members shall deal with the administrative service under the city manager solely through the city manager. Neither the mayor, the city council nor any council member shall interfere with the execution of the powers and duties of the city manager, or order, directly or indirectly, the city manager or any department head to appoint or remove any person to or from any office or employment with the city.

C. Violations. Violations of subsection (A) or (B) of this section may subject the offender to censure by the city council. Further, to the extent permitted by law, any actions by subordinates of the city manager shall be invalid if the actions are taken by subordinates of the city manager in response to direction from the mayor, the city council or any individual council member in violation of this section.

D. No current or former member of the city council shall be city manager or a full-time employee. No current city council member or person who has served as a member of the city council within the past 365 days may serve as the city manager or as a department head.

E. Department Cooperation. It shall be the duty of all subordinate officers to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. [Ord. 67-2004 § 1.7; Ord. 2-2003 § 21].

2.04.080 Ordinances and measures – Recommendation to city council.

It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as may be deemed necessary. [Ord. 67-2004 § 1.8; Ord. 2-2003 § 12].

2.04.090 Agendas of the city council.

A. Regular City Council Meetings. The city manager shall prepare the agenda for regular city council meetings.

B. Special City Council Meetings. The city manager or mayor may schedule and set the agenda for special meetings of the city council.

C. Consultation with Mayor Regarding Agendas. The city manager shall generally consult with the mayor in preparing agendas for regular and special city council meetings. If, in the opinion of the city manager and the mayor, an item is inappropriate for consideration or is inadequately prepared, it shall not be agendized but returned immediately to the person who submitted it with the reason for rejection. [Ord. 67-2004 § 1.9].

2.04.100 Negotiation for city service contracts.

It shall be the duty of the city manager to negotiate all contracts for services for which the city has a service responsibility to its residents and desires to provide such service by contract. Contracts in amounts which exceed the city manager’s purchasing authority shall be approved by the city council. The city manager shall administer each contract and determine that its provisions are carried out. [Ord. 67-2004 § 1.10; Ord. 2-2003 § 10].

2.04.110 Purchasing agent.

The city manager is designated as the purchasing agent of the city and is authorized to make purchases as provided in Chapter 3.60 RCMC. [Ord. 9-2012 § 2; Ord. 67-2004 § 1.11; Ord. 2-2003 § 16].

2.04.115 Authority to settle third party disputes.

The city manager can promote the peaceful and efficient resolution of many disputes between third parties and the city. The city manager shall, without written concurrence of the city attorney, have the authority to settle for less than $25,000 any disputes between third parties and the city. The city manager shall, with written concurrence of the city attorney, have the authority to settle for sums between $25,000 and $100,000 any disputes between third parties and the city. The city attorney may, according to applicable laws, confer with city council on litigation risks raised by third party disputes between $25,000 and $100,000. This section does not concern claims made against the city pursuant to Chapter 2.38 RCMC or the Government Claims Act. [Ord. 1-2014 § 3].

2.04.120 Preparation of financial reports to city council.

It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. [Ord. 67-2004 § 1.12; Ord. 2-2003 § 14].

2.04.130 Preparation of city budget.

It shall be the duty of the city manager to prepare and submit the proposed annual budget to the city council for its approval. The city manager shall have the authority to approve expenditure adjustments within the budget so long as the total annual budget appropriated by the city council is not exceeded. [Ord. 67-2004 § 1.13; Ord. 2-2003 § 15].

2.04.140 Investigation in city affairs – Complaint investigation.

It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract for the proper performance of any obligations of the city. Further, it shall be 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. 67-2004 § 1.14; Ord. 2-2003 § 18].

2.04.150 Administrative reorganization.

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of services, offices, positions or units under the city manager’s direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. [Ord. 67-2004 § 1.15; Ord. 2-2003 § 11].

2.04.160 Signing of instruments.

Pursuant to the city council’s authority under Section 40602 of the Government Code, the city manager or, as directed by the city manager, the assistant or deputy city manager, the city treasurer, or the deputy or assistant city treasurer, shall sign all warrants drawn upon the city treasury, all written contracts and conveyances made or entered into by the city, and all instruments requiring the city seal. Stamped or facsimile signatures are authorized hereby. [Ord. 67-2004 § 1.16; Ord. 2-2003 § 17].

2.04.170 Supervision of public property.

It shall be the duty of the city manager to supervise all public property that is under the control and jurisdiction of the city. [Ord. 67-2004 § 1.17; Ord. 2-2003 § 19].

2.04.180 Duties delegated by city council.

It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or other official action of the city council. [Ord. 67-2004 § 1.18; Ord. 2-2003 § 20].

2.04.190 Compensation.

The city manager shall receive such compensation as the city council shall from time to time determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties. [Ord. 67-2004 § 1.19; Ord. 2-2003 § 5].

2.04.200 Employment agreement.

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. 67-2004 § 1.20; Ord. 2-2003 § 22].

2.04.210 Residence.

Residency within the city shall not be a condition of employment. [Ord. 67-2004 § 1.21; Ord. 2-2003 § 2].

2.04.220 Acting city manager.

During any period of the city manager’s temporary absence or disability, the city manager shall designate someone, other than a member of the city council, to serve as the acting city manager for the period of such temporary absence or disability. This designation shall not require approval of the city council. The city manager shall notify the city clerk in writing of his/her appointment of an acting city manager. In case of the temporary absence or disability of the city manager and failure to choose an acting city manager within a reasonable period of time, the city council may designate one of the department heads of the city to serve as the acting city manager during such period of temporary absence or disability. The appointment of an acting city manager by the city council shall be recorded in the official city council meeting minutes. [Ord. 67-2004 § 1.22; Ord. 2-2003 § 4].

2.04.230 City manager attendance at meetings.

A. Attendance at City Council Meetings. The city manager shall generally attend city council meetings. The city manager shall not be excluded from any city council meeting, unless excused by the city council in order for the council to conduct his/her performance evaluation. The city manager shall be seated at the city council dais or with the city council at all city council meetings which he or she attends.

B. Attendance at Commission Meetings. The city manager may attend any meeting of the planning commission and any other commissions, boards or committees created by the city council, upon his/her own volition or upon direction of the city council. At such meetings, the city manager shall be heard by such commissions, boards or committees as to all matters the city manager wishes to address to the members thereof. [Ord. 67-2004 § 1.23; Ord. 2-2003 § 13].

2.04.240 Annual review.

No less frequently than once each year, the city council shall meet to conduct a review and evaluation of the city manager. The city council may use an outside facilitator to assist them in conducting this evaluation. The annual review and evaluation shall be in accordance with specific criteria developed jointly by the city council and the city manager. Such criteria may be added to or deleted as the city council may from time to time determine in consultation with the city manager. The city council and the city manager shall define such goals and performance objectives which they determine necessary for the proper operation of the city for the attainment of the city council’s policy objectives. The city council and the city manager shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. [Ord. 67-2004 § 1.24].

2.04.250 Removal of city manager.

A. Generally. The city council may remove the city manager at any time, with or without cause, by majority vote of its members. Notice of termination shall be provided to the city manager in writing and at a regular meeting of the city council.

B. Removal Following an Election. The city intends the position of the city manager to be professional, not political. To this end, the city wants any newly elected member of the city council or any reorganized city council to observe the actions, performance and ability of the city manager before considering removal of the manager. Accordingly, the city manager may not be removed from office during or within a period of 180 days succeeding any general municipal election held in the city at which election a member of the city council is elected or reelected except upon a four-fifths vote of the city council. [Ord. 67-2004 § 1.25].

2.04.260 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 herein prescribed. Any premium for such bond shall be a proper charge against the city. [Ord. 67-2004 § 1.26; Ord. 2-2003 § 3].