Chapter 2.16
CITY MANAGER
Sections:
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 or her administrative and executive ability and qualifications, and shall hold office at the pleasure of the city council. (Ord. C-4-11 §3(part), 2011: 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. C-4-11 §3(part), 2011: 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 or her 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. C-4-11 §3(part), 2011: 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. C-4-11 §3(part), 2011: 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 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 as administrative head, and not as a limitation on those powers, it shall be the city manager’s duty and he or she shall have the powers set forth in 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 or she 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 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 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 such an amount as may be authorized by the city council by resolution.
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 Section 935.4 stipulated amount. The city manager may authorize a warrant to be issued upon the city treasury in the amount for which any such claim has been allowed, compromised or settled, 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. C-4-11 §3(part), 2011: 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, and any other commissions, boards or committees created by the city council, upon his or her own volition or upon direction of the city council. At meetings which the city manager attends, he or she shall be heard by the commissions, boards or committees regarding all matters upon which the city manager wishes to address the members, and shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. C-4-11 §3(part), 2011: 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 councilmembers convened in a regular or special council meeting. (Ord. C-2015-07 §1(part), 2015; Ord. C-4-11 §3(part), 2011: 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. (Ord. C-4-11 §3(part), 2011: 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 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 or her office. (Ord. C-4-11 §3(part), 2011: 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. C-4-11 §3(part), 2011: Ord 1-90 §1(I), 1990: Ord. 16-75 §4(part), 1975).