Chapter 2.04 CITY MANAGER

The city manager shall be appointed by the city council wholly on the basis of executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the city council. (Ord. 2021-004 § 1, 2021; prior code § 2.133)

2.04.030 Residence requirements.

The city manager shall not be required to reside in the city as a condition of the appointment. (Ord. 2017-006 § 2, 2017: prior code § 2.134)

2.04.050 Eligibility requirements—City employees.

No person who is a member of the city council or any city board or commission shall be eligible for appointment as city manager until one year has elapsed after such person has ceased to be a member of the city council or any such board or commission. (Ord. 2017-006 § 3, 2017: prior code § 2.136)

2.04.060 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 prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Prior code § 2.137)

2.04.070 Appointment of acting city manager.

The city manager shall designate one of the other officers or department heads of the city to serve as acting city manager during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and failure to so designate an acting city manager or in the case of a vacancy in the city manager position, the city council may designate some duly qualified person to perform the duties of the city manager, subject, however, to the person’s furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 2.04.060. (Ord. 2021-004 § 2, 2021; prior code § 2.138)

2.04.080 Compensation.

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution, and the compensation and expense allowance shall be a proper charge against such funds of the city as the city council shall designate. (Prior code § 2.139)

2.04.090 Official traveling expenses.

The city manager shall be reimbursed for all sums necessarily incurred or paid by the city manager in the performance of duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made, however, in accordance with procedures approved by the city council. (Ord. 2021-004 § 1, 2021; prior code § 2.140)

2.04.100 Absences from city.

The city manager shall not leave the state without receiving authorization from the city council. (Prior code § 2.141)

2.04.110 Relationship of council to manager.

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 member thereof shall give orders to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly held meeting of the city council, and no individual councilman shall give any orders or instructions to the city manager. (Prior code § 2.142)

2.04.120 Departmental cooperation required.

It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city. (Prior code § 2.143)

2.04.130 Office excluded from personnel system.

The office of city manager is specifically excluded from the civil service or personnel system of the city, and the city manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system of the city, nor shall he be subject to the procedures outlined or prevailing in the personnel system. (Prior code § 2.144)

2.04.140 Administrative head of government.

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 which are under the city manager’s control. In addition to the general powers as administrative head, and not as a limitation thereon, the city manager shall have the duty and powers set forth in Sections 2.04.140 through 2.04.300. (Ord. 2021-004 § 1, 2021; prior code § 2.145)

2.04.150 Law enforcement.

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 faithfully observed. (Prior code § 2.146)

2.04.160 Authority over employees.

The city manager shall have the duty and the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under the city manager’s jurisdiction through their department heads. (Ord. 2021-004 § 1, 2021; prior code § 2.147)

2.04.170 Powers of appointment.

It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer. (Ord. 2012-003 § 1: prior code § 2.148)

2.04.180 Recommendations—Reorganization of offices.

It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments 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. 2021-004 § 1, 2021; prior code § 2.149)

2.04.190 Recommendations—Adoption of ordinances.

The city manager shall recommend to the city council for adoption such measures and ordinances as deemed necessary or expedient. (Ord. 2021-004 § 1, 2021; prior code § 2.150)

2.04.200 Attendance at council meetings.

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, except when removal is under consideration. (Ord. 2021-004 § 1, 2021; prior code § 2.151)

2.04.210 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 conditions and needs of the city. (Prior code § 2.152)

2.04.220 Preparation and submission of annual budget and salary plan.

It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (Prior code § 2.153)

2.04.230 Purchasing agent.

The city manager shall have the duty and shall be responsible for the purchase of all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager. (Ord. 2021-004 § 1, 2021; prior code § 2.154)

2.04.240 Investigations—City affairs generally.

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 or the proper performance of any obligations of the city. (Prior code § 2.155)

2.04.250 Investigations of public utility service.

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, and to see that all franchises and permits granted by the city are faithfully performed and observed. (Prior code § 2.156)

2.04.260 Supervision—Public buildings and property.

The city manager shall have the duty and shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council. (Ord. 2021-004 § 1, 2021; prior code § 2.157)

2.04.270 Supervision—Civil defense organization.

It shall be the duty of the city manager to supervise and control the civil defense organization of the city. (Prior code § 2.158)

2.04.280 Personnel officer.

It shall be the duty of the city manager to perform the duties of the personnel officer as described in Chapter 2.48 establishing a personnel policy. (Prior code § 2.159)

2.04.290 Attendance at commission meetings.

The city manager may attend any and all meetings of the planning commission, recreation commission, housing commission, personnel board and any other commissions, boards or committees hereafter created by the city council, upon the city manager’s 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 in the body’s jurisdiction as properly noticed in compliance with state law including the status of any matter being considered by the city council. The city manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 2021-004 § 1, 2021; prior code § 2.160)

2.04.300 Duty during hours of employment.

It shall be the duty of the city manager to devote the entire time during hours of employment to the duties of the office in the interests of the city. (Ord. 2021-004 § 1, 2021; prior code § 2.161)

2.04.310 Removal—Majority vote of council required.

The removal of the city manager shall be only by a vote of at least three members of the city council, at a regular meeting of the council, and shall be subject to the provisions of Sections 2.04.310 through 2.04.360. (Ord. 2001-007 § 1, 2001: Ord. 99-006 § 1, 1999: prior code § 2.162)

2.04.320 Removal—Notice of council’s intention required.

In case of the city manager’s intended removal by the city council as set out in Section 2.04.310, the city manager shall be furnished with a written notice stating the council’s intention to remove the city manager and the reasons therefor, at least thirty days before the effective date of removal. (Ord. 2021-004 § 1, 2021; prior code § 2.163)

2.04.330 Removal—Hearing.

Within seven days after the delivery to the city manager of the notice required by Section 2.04.320, the city manager may, by written notification to the city clerk, request a hearing before the city council. Thereafter the city council shall fix a time for the hearing, which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard with or without counsel. (Ord. 2021-004 § 1, 2021; prior code § 2.164)

2.04.340 Removal—Suspension—Compensation.

After furnishing the city manager with written notice of intended removal as required by Section 2.04.320, the city council may suspend the city manager from duty, but the city manager’s compensation shall continue until removal by resolution of the council passes subsequent to the public hearing allowed by Section 2.04.330. (Ord. 2021-004 § 1, 2021; prior code § 2.165)

2.04.350 Removal—Discretion of council—Action of council final.

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 allowed by Section 2.04.330, the purpose of which is to allow the city manager to present to the city council grounds opposing removal prior to its action. (Ord. 2021-004 § 1, 2021; prior code § 2.166)

2.04.360 Removal—Exception following general municipal election.

Notwithstanding the provisions of Sections 2.04.310 through 2.04.360, 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 of 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 the office. After the expiration of the ninety-day period, the provisions of Sections 2.04.310 through 2.04.360 as to the removal of the city manager shall apply and be effective. (Ord. 2021-004 § 1, 2021; prior code § 2.167)