Chapter 2.04
CITY MANAGER
Sections:
2.04.080 Political participation.
2.04.090 Council-Manager relations.
2.04.100 Relations with commissions and boards.
2.04.110 City Manager relations with State and Federal elected officials.
2.04.130 Agreement on employment.
2.04.010 Office created.
The office of City Manager is created and established. The City Manager shall be appointed by the City Council on the basis of administrative and executive ability and qualifications, and shall hold office at the pleasure of the City Council. Where the term “City Administrator” is found in the Municipal Code, it shall be considered the same position as “City Manager.” (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.020 Residence.
Residence in the City shall not be required as a condition of the City Manager’s employment, although residency is encouraged where feasible as determined by the City Manager. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.030 Bond.
A. The City Manager shall be bonded with a corporate surety bond to be approved by the City Council, in such sum as may be determined by the Council, which shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for the required bond shall be a proper charge against the City.
B. The City Manager shall adhere to the Code of Ethics of the International City/County Management Association (ICMA). (Ord. 1457 § 2 (part), 2013: Ord. 1268 § 1 (part), 1999; Ord. 1094 § 1 (part), 1991)
2.04.040 Acting City Manager.
The City Manager shall designate a qualified City employee or those persons who fill City positions pursuant to an employment or consulting contract, to exercise the powers and perform the duties of City Manager during his/her temporary absence or disability. In the event of the City Manager’s absence or disability extending more than one month, or in the event of the City Manager’s permanent separation from the City, the City Council may appoint an acting or interim City Manager. (Ord. 1457 § 2 (part), 2013: Ord. 1306 § 1, 2002: Ord. 1094 § 1 (part), 1991)
2.04.050 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 reasonable expenses incurred in the course of official City business. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.060 Powers and duties.
The City Manager shall be the administrative head of the government of the City under the direction of the City Council. The City Manager shall be responsible for the efficient administration of all the affairs of the City that are under his/her control. It is the City Manager’s duty to put aside personal views and implement City Council policy and direction at all times. The City Manager shall keep all Councilmembers informed of key issues and developments affecting the City. In addition to general powers as administrative head, and not as a limitation thereon and except as otherwise provided in a written agreement with the City, it shall be the City Manager’s duty and he or she shall have the following powers:
A. Enforcement of Laws. It shall be 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 fulfilled;
B. Authority over Employees. The City Manager shall have the authority to supervise, develop, motivate, evaluate, manage and generally give directions to all nonelected heads of departments, and to subordinate officers and employees of the City, including those who fill positions pursuant to an employment or consulting contract, except the City Attorney, who shall answer directly to the City Council;
C. Powers of Appointment and Removal. It shall be the duty of the City Manager to appoint, remove, promote and demote any and all nonelected employees of the City, subject to applicable ordinances, personnel rules and regulations, which the City Manager amends, revises and administers, and, on behalf of the City, prepare and enter into separation agreements with officers and employees, except the City Attorney, who is appointed and removed directly by the City Council;
D. Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to effect such administrative reorganization of offices, positions or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the City’s business. Such reorganizations or changes of positions shall become effective after being approved by the City Council;
E. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless he/she is excused therefrom by the Mayor individually or the City Council;
F. Recommend to the City Council for adoption such measures and ordinances as he or she deems necessary;
G. Labor Negotiator. The City Manager, his or her designee, and/or a consultant under a duly executed consulting contract for this purpose shall act as labor negotiator for the City;
H. Financial Reports. 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;
I. Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual or biennial budget and proposed employee compensation plans subject to the direction and approval of the City Council;
J. Expenditure Control and Purchasing. It shall be the duty of the City Manager to recommend expenditures to the City Council. The City Manager or his or her designee shall be responsible for the purchase of all supplies for all the departments or divisions of the City;
K. Investigations and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any employee, department or division thereof, any contract or the proper performance of any obligations of the City and in regard to the service maintained by public utilities in 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;
L. Supervision over Public Property. Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City Council;
M. Authority to Execute Documents. Have the same authority as the Mayor, as may be prudent and convenient, to sign documents specified in Section 40602 of the Government Code of the State whenever such documents have been approved by the City Council for execution by resolution, motion, minute order or other appropriate action; and
N. Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other official action of the City Council. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.070 Emergency authority.
A. Emergency Defined. For the purposes of this chapter, “emergency” shall be as defined in Section 2.28.020.
B. Managing Authority in an Emergency. In the event of an emergency requiring the expenditure of City funds before a special City Council meeting can be convened to authorize that expenditure, the City Manager shall have the authority to authorize the expenditure of City funds and to otherwise obligate the City as he or she, in his or her sole discretion, determines to be necessary or appropriate to combat the effects of such emergency as provided in Chapter 2.28, Emergency Organization and Preparedness. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.080 Political participation.
The City Manager shall not participate directly, indirectly or through an intermediary in any political activity that is related to the City unless in support of a policy position taken by the City Council. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.090 Council-Manager relations.
The City Council and its members, whenever possible, shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, advice, information or follow-up. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.100 Relations with commissions and boards.
The City Manager may attend any and all meetings of the commissions, boards or committees created by the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform the members as to the status of any matter being considered by the City Council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. The City Manager shall not vote with, give orders to or give direction to any such commissions, boards or committees. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.110 City Manager relations with State and Federal elected officials.
The City Manager shall provide each Councilmember with copies of all written communications to or from the City and State and Federal elected officials and their staffs. All verbal communications by the City Manager with the State and Federal elected officials and their staff shall be reported to the Councilmembers. Whenever possible, the City Manager shall seek the Mayor’s concurrence in any comments the Manager intends to make. The City Manager’s reports to the City Council shall include the topic of conversation and any City position taken, and the State and Federal official’s response. (Ord. 1457 § 2 (part), 2013: Ord. 1167 § 1, 1994: Ord. 1094 § 1 (part), 1991)
2.04.120 Removal.
A. Required Vote—Notice. The City Manager serves at the will of the City Council. The removal of the City Manager, with or without cause, shall be effected only by a majority vote of the entire City Council as then constituted, convened in a City Council meeting. In case of his/her intended removal by the City Council, the City Manager shall be furnished with a written notice stating the City Council’s intention to remove him/her, at least thirty days before the effective date of removal. In the event of removal of the City Manager for cause, he/she shall be terminated immediately without the right to compensation accruing after the date of termination.
1. As used herein, the term “for cause” shall mean the following:
a. Misappropriating any funds or property from the City;
b. Failure or refusal to comply with City Council’s official policies and direction in effect, or to perform the duties assigned to him/her by the City Council, or as stated in the Municipal Code;
c. Being convicted of a felony.
B. Hearing. Within two working days after the delivery to the City Manager of a notice of intended removal, he/she may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for a hearing, in closed session, prior to the effective date contained in the notice of intended removal, at which the City Manager shall appear and be heard.
C. Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, or concurrent therewith, the City Council may suspend him/her from duty, but his/her compensation shall continue until the effective date of the removal hearing.
D. Discretion of Council. 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 such hearing being to allow the City Manager to present to the City Council his/her grounds of opposition to removal prior to its action. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)
2.04.130 Agreement on employment.
The City Manager’s compensation, benefits and additional terms and conditions of employment shall be set forth in a written agreement between the City Manager and the City, which agreement shall be consistent with the terms of this chapter. (Ord. 1457 § 2 (part), 2013: Ord. 1094 § 1 (part), 1991)