Chapter 2.12
CITY MANAGER
Sections:
2.12.010 Office created – Appointment – Term of office.
2.12.020 Eligibility of Councilmember for office.
2.12.070 Removal – Limitations.
2.12.090 Council-Manager relations.
2.12.100 Cooperation of other officials.
2.12.110 Attendance at commission meetings.
2.12.120 References to “City administrator” in existing ordinances.
2.12.130 City Manager authorized to sign contracts.
2.12.010 Office created – Appointment – Term of office.
The office of City Manager of the City is hereby 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 and during the pleasure of the City Council. (Ord. 563 § 1; Ord. 524 § 1. Code 1964 § 2-92.)
2.12.020 Eligibility of Councilmember for office.
No person elected or appointed to membership on the City Council shall, subsequent to such election or appointment, be eligible for appointment as City Manager of the City until two years have elapsed after he has ceased to be a member of the City Council. (Ord. 1112 § 3, 2012; Ord. 563 § 1; Ord. 524 §§ 2, 3. Code 1964 § 2-93.)
2.12.030 Reserved.
Repealed by Ord. 1112. (Ord. 563 § 1; Ord. 524 § 4. Code 1964 § 2-94.)
2.12.040 Temporary manager.
The City Manager shall appoint, subject to approval of the City Council, one of the other officers or department heads of the City to serve as 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 such City Manager. (Ord. 1112 § 3, 2012; Ord. 563 § 1; Ord. 524 § 5. Code 1964 § 2-95.)
2.12.050 Compensation.
The City Manager shall receive such compensation and expense allowance as the City Council shall, from time to time, determine and fix by resolution, and such 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 in traveling on business pertaining to the City under direction of the City Council; reimbursement shall only be made, however, upon a verified itemized claim, setting forth the sums expended, and approved by the City Council. (Ord. 563 § 1; Ord. 524 § 5. Code 1964 § 2-96.)
2.12.060 Removal – Generally.
The City Council shall appoint the City Manager for an indefinite term and may remove him by a four-fifths vote of the whole City Council. In the case of his intended removal, the City Manager shall be furnished with written notice of such intention to remove at least 30 days before the date of such intended removal. Within seven days after receipt of such notice, the City Manager may, by written notice, request a public hearing before the City Council, and thereafter the City Council shall fix a time for such public hearing at its usual meeting place, but before the expiration of the 30-day period, at which time the Manager may appear and be heard.
In removing the City Manager, the City Council shall use its discretion, and its action shall be final and shall not depend on any showing or degree of proof at the hearing, the purpose of which is for the City Manager to publicly present to the City Council his grounds for opposition to removal prior to its action. (Ord. 563 § 1; Ord. 524 § 14. Code 1964 § 2-97.)
2.12.070 Removal – Limitations.
Notwithstanding other sections of this chapter, the City Manager shall not be removed from office during a period of 60 days next preceding any general municipal election held in the City at which election a member of the City Council is elected, nor shall the City Manager be removed from office during or within a period of 90 days next succeeding any general election held in the City at which election a member of the City Council is elected. The purpose of this provision is to allow newly elected members of the City Council to observe the actions and abilities of the City Manager in the performance of the powers and duties of his office. After the expiration of this 150-day period, the provisions of the preceding section as to the removal of the City Manager shall apply and be effective. (Ord. 563 § 1. Code 1964 § 2-98.)
2.12.080 Powers and duties.
The City Manager shall be the administrative head of the government of the City under the direction 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 thereon, it shall be his duty and he shall have the powers set forth in the following subsections:
A. Administration. It shall be the duty of the City Manager to see that all franchises, contracts, permits and privileges granted by the City are faithfully observed and that the City’s business is administered in accordance with applicable laws and the direction of the City Council.
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 subordinates, officers and employees of the City under his jurisdiction through their department heads.
C. 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.
D. Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient.
E. Attendance at City Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom, upon his own request, by the mayor or the City Council, or unless excused therefrom when his own removal is under consideration.
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 conditions and needs of the City.
G. Budget. It shall be the duty of the City Manager to cause to be prepared and submitted to him by each department, division or service of the City government itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget and submit the same to the City Council before the fifteenth day of June of each year, with his recommendation as to such changes which he deems advisable.
H. Purchasing. It shall be the duty of the City Manager or his designee to implement the policies and procedures described in Chapter 3.24 HMC in a manner that serves the interests of the City.
I. Investigations. 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. He shall investigate all complaints in relation to matters concerning the administration of the City government, and in regard to services maintained by public utilities in such City.
J. Public Buildings and Equipment. It shall be the duty of the City Manager or his designee 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.
It shall be the duty of the City Manager or his designee to compile and keep up to date a complete inventory of all property, real and personal, owned by the City, and recommend to the City Council the purchase of new machinery, equipment and supplies, whenever in his judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery and equipment in use.
K. Hours of Employment. It shall be the duty of the City Manager to devote his entire working time to the duties of his office in the interests of the City.
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 to him from time to time by ordinance or resolution or other action of the City Council. (Ord. 1112 § 3, 2012; Ord. 836 § 1, 1988; Ord. 659 § 1, 1980; Ord. 563 § 1; Ord. 524 § 7. Code 1964 § 2-99.)
2.12.090 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 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.
No individual Councilman shall in any manner attempt to influence the City Manager in the making of any appointment or in the purchase of supplies. (Ord. 563 § 1. Code 1964 § 2-100.)
2.12.100 Cooperation of other officials.
It shall be the duty of all subordinate officers, and the City Clerk, and City attorney, to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously, so far as to be consistent with their duties as prescribed by law and ordinances of the City. (Ord. 1112 § 3, 2012; Ord. 563 § 1; Ord. 524 § 9. Code 1964 § 2-101.)
2.12.110 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 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 or committees as to all matters upon which he wishes to address the members thereof, and he shall inform such members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. (Ord. 563 § 1. Code 1964 § 2-102.)
2.12.120 References to “City administrator” in existing ordinances.
Whenever the words “administrator” or “City administrator” appear in existing ordinances, they shall be deemed to mean and refer to the City Manager, and all ordinances not expressly repealed by this chapter and not inconsistent with the provisions of this chapter, referring to or respecting the rights, duties, powers and obligations of the City administrator, are hereby continued in full force and effect. (Ord. 563 § 1. Code 1964 § 2-103.)
2.12.130 City Manager authorized to sign contracts.
The City Manager of the City of Healdsburg, pursuant to the delegation authorized by Government Code Section 40602, is hereby granted the same authority as the mayor of the City to sign written contracts and conveyances made or entered into by the City. (Ord. 890 § 1, 1993.)