Chapter 2.08
CITY MANAGER
Sections:
2.08.090 Limitation on removal.
2.08.100 Agreements on employment.
2.08.010 Office created.
The office of the 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 for and during the pleasure of the city council. (Ord. 31 § 2, 1987; 1987 Code § 2.08.010)
2.08.020 Residence.
Residence in the city of a city manager, while encouraged, shall not be required as a condition of employment. (Ord. 31 § 2, 1987; 1987 Code § 2.08.020)
2.08.030 Eligibility.
No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 31 § 2, 1987; 1987 Code § 2.08.030)
2.08.040 Bond or insurance.
A. The city manager shall furnish a corporate survey 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 and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.
B. The bond requirement in this section and any other official bond required by law may be fulfilled by a master official bond which shall provide coverage on more than one officer, employee, or agent of the city, or, alternatively, with a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, with a coverage limit approved by the city council. (Ord. 515 § 3, 2021; Ord. 31 § 2, 1987; 1987 Code § 2.08.040)
2.08.050 Acting city manager.
Whenever the city manager will be temporarily absent from the city, the manager shall designate, in a writing to the mayor, a qualified city employee to exercise the powers and perform the duties of the city manager during the temporary absence. If the city manager has not designated an employee to exercise the powers of the city manager, the director of administrative services shall exercise the powers and perform the duties of the city manager during any temporary absence or disability of the city manager. In the event the city manager’s absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager. (Ord. 31 § 2, 1987; 1987 Code § 2.08.050)
2.08.060 Compensation.
A. The city manager shall receive such compensation as the city council shall from time to time determine.
B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties.
C. On termination of employment of the city manager by reason of involuntary removal from service other than wilful misconduct in office, the city manager shall receive severance pay in a lump sum in an amount to be determined by the city council, if any. (Ord. 31 § 2, 1987; 1987 Code § 2.08.060)
2.08.070 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 which are under the manager’s control. In addition to these general powers as administrative head, and not as a limitation thereon, it shall be the duty and the city manager shall have the powers set forth in the following subsections:
A. Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that franchises, contracts, permits and privileges granted by the city council are faithfully observed.
B. 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 and employees of the city under the city manager’s jurisdiction through their department heads.
C. Power of Appointment and Removal. It shall be the duty of the city manager to appoint, remove, promote and demote any and all employees of the city, subject to all applicable personnel ordinances, rules and regulations. The city manager shall have the authority to execute employment and severance agreements with at-will employees in accordance with city council adopted policies. It shall be the duty of the city manager to appoint or remove all officers, including, but not limited to, the city clerk and the city treasurer, except for those officers who are required by ordinance to be appointed by the city council. The city attorney shall be appointed by, and shall serve at the pleasure of, the city council. Nothing in this section shall be construed as prohibiting the city manager from being appointed or serving as the city clerk or the city treasurer, or both. The city manager may appoint a person holding a position of employment with the city to also serve as city clerk or city treasurer.
D. Administrative Reorganization of Offices. It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of 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.
E. Ordinances. It shall be the duty of the city manager to recommend to the city council for adoption of such measures and ordinances as deemed necessary by the city manager.
F. Attendance at Council Meeting. It shall be the duty of the city manager to attend all meetings of the city council, unless at the city manager’s request, the manager is excused therefrom by the mayor individually or the city council.
G. 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.
H. Budget. 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.
I. Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or authorized representative. The city manager, or authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.
J. Investigations and Complaints. 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.
K. Public Buildings. It shall be the duty of the city manager to 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.
L. 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 from time to time by ordinance or resolution or other official action of the city council. (Ord. 301 § 1, 2003; Ord. 65 § 1, 1988; Ord. 31 § 2, 1987; 1987 Code § 2.08.070)
2.08.080 Internal relations.
A. Council-Manager Relations. 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 or instructions to any subordinates of the city manager. The city manager shall take orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual council member shall give any orders or instructions to the city manager.
B. Departmental Cooperation. 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.
C. Attendance at Commission Meetings. The city manager may attend any and all meetings of any commissions, boards, or committees created by the city council, upon the city manager’s own volition or upon direction of the city council. At such meetings which the city manager attends, the city manager shall be heard by such commissions, boards or committees as to all matters upon which the city manager wishes to address the members thereof, and the city manager shall inform said members as to the status of any matter being considered by the city council, and the city manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 31 § 2, 1987; 1987 Code § 2.08.080)
2.08.090 Limitation on removal.
Notwithstanding the provisions of SBMC 2.08.010, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the city council is elected, or when a new city council member is appointed. The purpose of this provision is to allow any newly elected or appointed 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 his office. After the expiration of said 90-day period aforementioned, the provisions of SBMC 2.08.010, as to the removal of said city manager, shall apply and be effective. (Ord. 31 § 2, 1987; 1987 Code § 2.08.090)
2.08.100 Agreements on employment.
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. 31 § 2, 1987; 1987 Code § 2.08.100)