Chapter 2.10 CITY MANAGER

The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. [Ord. 415 § 1, 11-9-64. Prior code § 2-56].

2.10.020 Residence requirements.

Residence in the city at the time of appointment of a city manager shall not be required as a condition of appointment nor as a condition for the continuing employment of a city manager, but the city manager shall maintain his residence within such proximity to the city as the city council shall in its discretion determine from time to time by appropriate resolution. [Ord. 438 § 1, 12-28-66; Ord. 415 § 2, 11-9-64. Prior code § 2-57].

2.10.030 Eligibility of councilman.

No person elected as a councilman of the city shall, subsequent to such election, be eligible for appointment as city manger until one year has elapsed after such council member shall have ceased to be a member of the city council. [Ord. 415 § 3, 11-9-64. Prior code § 2-58].

2.10.040 Official bond.

The city manager shall furnish a corporate surety bond to be approved by the city council, which bond shall be conditioned upon the faithful performance of the duties imposed upon him by law. Any premium for such bond shall be a proper charge against the city. [Ord. 415 § 4, 11-9-64. Prior code § 2-59].

2.10.050 City manager pro tempore.

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as a manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager, subject, however, to said person furnishing a corporate surety bond as required of the city manager, conditioned upon faithful performance of the duties required to be performed. [Ord. 415 § 5, 11-9-64. Prior code § 2-60].

2.10.060 Compensation – Expense reimbursement.

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 said compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.

The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval and approved. [Ord. 415 § 6, 11-9-64. Prior code § 2-61].

2.10.070 Chief administrative officer.

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 code. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in this chapter. [Ord. 415 § 7, 11-9-64. Prior code § 2-62].

2.10.080 To enforce law.

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. [Ord. 415 § 8, 11-9-64. Prior code § 2-63].

2.10.090 Supervision of employees.

It shall be the duty of the city manager and he 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 his jurisdiction through their department heads. [Ord. 415 § 9, 11-9-64. Prior code § 2-64].

2.10.100 Appointment, removal, etc., of employees.

It shall be the duty of the city manager to, and he shall, appoint, remove, promote, and demote any and all officers and employees of the city, except the city attorney. All such duties shall be performed in accordance with the personnel system of the city from time to time existing. All promotions, appointments and demotions shall be subject to the approval of the city council, and such action shall be temporary until such action is approved by order or resolution of the city council. The city manager shall inform the city council of such appointments, promotions or demotions at the next regular or special meeting of the city council following the action by the city manager. [Ord. 720-16 § 1, 2-9-16; Ord. 717-15 § 1, 7-28-15; Ord. 456 § 1, 6-10-68; Ord. 415 § 10, 11-9-64. Prior code § 2-65].

2.10.110 Recommending 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 his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. [Ord. 415 § 11, 11-9-64. Prior code § 2-66].

2.10.120 Recommending adoption of ordinances.

It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient. [Ord. 415 § 12, 11-9-64. Prior code § 2-67].

2.10.130 Attending council meeting.

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, except when his removal is under consideration. [Ord. 415 § 13, 11-9-64. Prior code § 2-68].

2.10.140 Participation in commission, etc., meetings.

The city manager may attend any meetings of the planning commission, recreation or park commission, and any other commission, board or committee created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissions, boards and committees as to all matters upon which he wishes to address the members thereof, and he shall inform said members as to the status of any matter being considered by the city council and shall cooperate to the fullest extent with the members of the commissions, boards and committees appointed by the city council. [Ord. 415 § 24, 11-9-64. Prior code § 2-69].

2.10.150 Advice to council as to financial condition and needs of city.

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. 415 § 14, 11-9-64. Prior code § 2-70].

2.10.160 Preparing and submitting proposed 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. [Ord. 415 § 15, 11-9-64. Prior code § 2-71].

2.10.170 Approval of purchases and expenditures.

It shall be the duty of the city manager and he 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. 415 § 16, 11-9-64. Prior code § 2-72].

2.10.180 Investigations – Into city affairs.

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 obligation of the city. [Ord. 415 § 17, 11-9-64. Prior code § 2-73].

2.10.190 Investigations – Into complaints – Enforcing franchises.

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, permits, contracts and privileges granted by the city are faithfully performed and observed. [Ord. 415 § 18, 11-9-64. Prior code § 2-74].

2.10.200 Control over public property.

It shall be the duty of the city manager and he 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. 415 § 19, 11-9-64. Prior code § 2-75].

2.10.210 Devotion of time to duties.

It shall be the duty of the city manager to devote his entire time to the duties of his office in the interest of the city. [Ord. 415 § 20, 11-9-64. Prior code § 2-76].

2.10.220 Additional powers and duties may be prescribed.

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 from time to time by ordinance or resolution or other action of the city council. [Ord. 415 § 21, 11-9-64. Prior code § 2-77].

2.10.230 Relationship to council.

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 instruction to the city manager. [Ord. 415 § 22, 11-9-64. Prior code § 2-78].

2.10.240 Cooperation by other officers.

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. [Ord. 415 § 23, 11-9-64. Prior code § 2-79].

2.10.250 Removal from office – Required vote – Notice of council intention.

The removal from office of the city manager shall be only upon a three member vote of the whole council in the city in regular council meeting, subject, however, to the provisions of WMC 2.10.260, 2.10.270 and 2.10.280. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reasons therefor, at least 30 days before the effective date of his removal. [Ord. 415 § 25, 11-9-64. Prior code § 2-80].

2.10.260 Removal from office – Hearing.

Within seven days after the delivery to the city manager of such notice he 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 30-day period, at which time the city manager shall appear and be heard, with or without counsel. [Ord. 415 § 26, 11-9-64. Prior code § 2-81].

2.10.270 Removal from office – Suspension pending hearing.

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing. [Ord. 415 § 27, 11-9-64. Prior code § 2-82].

2.10.280 Removal from office – Discretionary with 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 which hearing is to allow the city manager to present to said city council his grounds of opposition to his removal prior to its action. [Ord. 415 § 28, 11-9-64. Prior code § 2-83].

2.10.290 Removal from office – Prohibited within 90 days after the election.

Notwithstanding the provisions of this chapter, the city manager shall not be removed from 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. 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 his office. After the expiration of said 90-day period aforementioned, the provisions of WMC 2.10.280 as to the removal of the city manager shall apply and be effective. [Ord. 415 § 29, 11-9-64. Prior code § 2-84].

Cross reference—City manager or his designee is the director of finance, WMC 2.20.020.

State law reference—For relevant provisions, see § 34851 et seq., Gov. Code.