Chapter 2.12
CITY MANAGER
Sections:
2.12.010 Office created—Appointment.
2.12.020 Residency requirements.
2.12.060 Powers and duties generally.
2.12.070 Exclusive administrative authority.
2.12.080 Removal from office—Procedures.
2.12.090 Removal from office—Compensation to continue during suspension.
2.12.100 Removal from office—Exception to procedures.
2.12.010 Office created—Appointment.
A. The office of city manager is created.
B. The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the city council.
C. The city council may but shall not be required to appoint the city clerk to the position of city manager. (Ord. 19-14 § 1: Ord. 19-13 § 2: Prior code § 2.08.010)
2.12.020 Residency requirements.
Residence in the city at the time of appointment as city manager shall not be required. (Prior code § 2.08.020)
2.12.030 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, which bond shall be conditioned upon the faithful performance of the duties prescribed in this chapter. (Prior code § 2.08.030)
2.12.040 Acting city manager.
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 city manager. Such person shall be subject to the same terms and conditions and have the same powers and duties the period of absence or disability of the city manager. (Prior code § 2.08.040)
2.12.050 Compensation.
The city manager shall receive such compensation as the city council shall from time to time determine and fix by motion duly made and passed, but such compensation shall not be less than two hundred dollars ($200.00) per month. The city manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the proper performance of his or her duties, or incurred or paid when traveling on business pertaining to the city and under direction of the city council. Reimbursements therefor shall only be made upon an itemized, verified claim presented to the city council, and by it duly approved and allowed. Such compensation and reimbursement shall be a proper charge against the general fund of the city. (Prior code § 2.08.050)
2.12.060 Powers and duties generally.
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 and duties as administrative head, and not as a limitation thereof, it shall be his or her duty and he or she shall have the power:
A. To see that all laws of this code and any other ordinance of the city are duly enforced and that all franchises, permits, licenses and privileges granted or given by the city are faithfully observed and complied with;
B. To control, order and give directions to all heads of departments, subordinate officers and employees of the city, except the city treasurer and city attorney, to transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her direction;
C. To appoint and remove any officers and employees of the city, except the city treasurer and city attorney;
D. To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city treasurer and city attorney;
E. To attend all meetings of the city council, unless excused therefrom by the city council, except when removal of the city manager is under consideration by the city council;
F. To recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient;
G. To report to the city council in writing at its first regular monthly meetings a statement as to the financial condition and needs of the city;
H. To prepare and submit to the city council the annual budget and capital outlay program of the city. On or before the first day of June of each calendar year, the city manager, as the budget officer, shall have prepared and submitted to the city council the proposed budget for the following fiscal year;
I. To order and purchase all supplies for all of the departments and/or divisions of the city. No expenditure shall be submitted or recommended to the city council except on order or approval of the city manager;
J. To make investigations into the affairs of the city, and any department and/or division thereof, and of any contract, obligation, project and/or enterprise appertaining to the city;
K. To investigate any and 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, licenses and privileges granted or given by the city are faithfully observed and complied with;
L. To exercise general supervision over all public buildings, public parks and other public property under the control and jurisdiction of the city council, and not specifically delegated to a particular board or official or officer;
M. To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the city council;
N. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by this code or any other city ordinance or resolution or motion of the city council. (Ord. 1058 § 1, 1998; prior code § 2.08.060)
2.12.070 Exclusive administrative authority.
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. Neither the city council nor any member thereof shall give orders to any subordinate of the city manager. (Prior code § 2.08.070)
2.12.080 Removal from office—Procedures.
A. The removal of the city manager from office shall be only on a majority vote of the whole city council. In case of his or her intended removal, the city manager shall be furnished with a written notice stating the city council’s intention to remove him or her and the reasons therefor, at least thirty (30) days before the effective date of removal. Within seven days after the furnishing of the city manager of such notice, he or she may, by writing, addressed to the city council and delivered to the city clerk, request a public hearing before the city council. Thereupon, the mayor shall fix a time for such public hearing. Such hearing shall be held at the usual meeting place of the city council, before the expiration of the aforesaid thirty (30) day period and the city manager shall attend and be heard.
B. In its removal of the city manager from office, the city council shall have uncontrolled discretion, and its action thereon shall be final and conclusive and need not depend upon any particular showing or degree of proof at the hearing. The purpose of such hearing is to allow the city manager to publicly present to the city council his or her grounds of opposition to his or her removal. (Prior code § 2.08.080)
2.12.090 Removal from office—Compensation to continue during suspension.
After furnishing the city manager with written notice of his or her intended removal from office, the city council may suspend him or her from further duty, but his or her compensation shall continue until his or her removal by motion of the city council, duly made and passed subsequent to the public hearing. (Prior code § 2.08.090)
2.12.100 Removal from office—Exception to procedures.
The city council may by written agreement with a city manager provide for a different removal procedure than that provided by Sections 2.12.080 and 2.12.090 of this chapter. The agreement may provide for a specified term of employment and the circumstances when the term might be sooner terminated and for such other conditions and terms of employment as the city manager and the council shall agree upon in writing. Sections 2.12.080 and 2.12.090 shall not be construed to prohibit terms in such an agreement inconsistent therewith. (Prior code § 2.08.100)