Chapter 2.16
CITY MANAGER

Sections:

2.16.010    Office created.

2.16.020    Residence.

2.16.030    Eligibility.

2.16.040    Bond.

2.16.050    Acting city manager.

2.16.060    Compensation.

2.16.070    Powers and duties.

2.16.080    Internal relations.

2.16.090    Removal of city manager.

2.16.096    Discretion of the city council.

2.16.098    Limitation on removal.

2.16.100    Agreement on employment.

2.16.010 Office created.

The office of 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 at the pleasure of the city council.  (Ord. 16-75 §4(part), 1975).

2.16.020 Residence.

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eighty days after reporting for work the city manager must become a resident of the city, unless the city council approves his residence outside the city.  (Ord. 16-75 §4(part), 1975).

2.16.030 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. 16-75 §4(part), 1975).

2.16.040 Bond.

The city manager and acting city manager shall furnish 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 and acting city manager as prescribed in this chapter.  Any premium for the required bond shall be a proper charge against the city.  (Ord. 16-75 §4(part), 1975).

2.16.050 Acting city manager.

The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability.  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. 1-90 §1(A), 1990).

2.16.060 Compensation.

The city manager shall receive such compensation as the city council from time to time determines.  (Ord. 16-75 §4(part), 1975).

2.16.070 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.  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 on those powers, it shall be his duty and he shall have the powers set forth in the subsections A through L of this section.

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 all franchises, contracts, permits and privileges granted by the city council are fulfilled.

B.    Authority Over 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, except the city attorney, who shall answer directly to the city council, but who shall cooperate in all respects with the city manager.

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 personnel ordinances, rules and regulations, and directives of the city council, 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 conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business.

E.    Attendance at Council Meetings.  It shall be the duty of the city manager to attend all meetings of the city council unless he is excused therefrom by the mayor individually or the city council.

F.    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.

G.    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.

H.    Expenditure Control and Purchasing.  It shall be the duty of the city manager to recommend expenditures to the city council.  The city manager shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

I.    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 or 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.

J.    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 from time to time by ordinance, resolution or other official action of the city council.

K.    Authority to Cosign.  The city manager is authorized to cosign checks and warrants drawn on the city treasury in an amount not to exceed the bond required under Section 2.16.040.

L.    Power to Settle Certain Claims Brought Against the City Under the Tort Claims Act.  It shall be the duty of the city manager to allow, compromise, deny or settle a claim against the city up to a maximum amount which is set from time to time by resolution and shall never exceed California Government Code’s Section 935.4 stipulated amount.  The director of finance may cause a warrant to be issued upon the city treasury in the amount for which any such claim has been allowed, compromised or settled, by the city manager, provided such amount does not exceed council authorization.  The city manager shall provide a report quarterly to the city council of such settlement claims.  (Ord. 6-00 §1, 2000; Ord. 1-90 §1(B), 1990; Ord. 4-80 §1, 1980; Ord. 16-75 §4(part), 1975).

2.16.080 Internal relations.

The following relationships shall exist between the city manager and other members of the city government:

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.  Neither the city council nor any member thereof shall give orders or instructions to any subordinates of the city manager.

B.    Departmental Cooperation.  It shall be the duty of all subordinate officers 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 the planning commission, parks and recreation commission, and any other commissions, boards or committees created by the city council, upon his own volition or upon direction of the city council.  At meetings which the city manager attends, he shall be heard by the commissions, boards or committees regarding all matters upon which he wishes to address the members, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.  (Ord. 1-90 §1(C), 1990; Ord. 16-75 §4(part), 1975).

2.16.090 Removal of city manager.

The removal of the city manager shall be effected only by the affirmative vote of three councilmen convened in a regular or special council meeting.  (Ord. 1-90 §1(D), 1990:  Ord. 16-75 §4(part), 1975).

2.16.096 Discretion of council.

The city manager serves at the pleasure of the city council and may be removed by the council with or without cause, and without notice at any time; except as provided in Section 2.16.098 below.  (Ord. 1-90 §1(G), 1990).

2.16.098 Limitation on removal.

Notwithstanding the provisions of Sections 2.16.090 through 2.16.096, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which a member of the city council is elected, or when a new city councilman 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.  (Ord. 1-90 §1(H), 1990:  Ord. 16-75 §4(part), 1975).

2.16.100 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.  The agreement shall be reviewed annually by the city council, or at such intervals as the city manager and the council agree.  (Ord 1-90 §1(I), 1990:  Ord. 16-75 §4(part), 1975).