Chapter 2.08
CITY MANAGER

Sections:

2.08.010    Office created.

2.08.030    Eligibility.

2.08.040    Bond.

2.08.050    Assistant city manager—Acting city manager.

2.08.060    Compensation.

2.08.070    Powers and duties.

2.08.080    Council-manager relations.

2.08.090    Departmental cooperation.

2.08.100    Attendance at commission meetings.

2.08.110    Removal—Council vote—Notice.

2.08.120    Removal—Hearing.

2.08.130    Removal—Suspension pending hearing.

2.08.140    Removal—Discretion of council.

2.08.150    Removal—Limitations.

2.08.160    Agreements on employment.

2.08.010 Office created.

The office of the city manager is created. The city council shall appoint the city manager and shall make the appointment wholly on the basis of his administrative and executive ability and qualifications. The city manager shall hold office at the pleasure of the city council. (Ord. 75-8 § 1, 1975)

2.08.030 Eligibility.

A member of the city council is not eligible for appointment as city manager until one year elapses after the councilmember ceases to be a member of the council. (Ord. 75-8 § 3, 1975)

2.08.040 Bond.

The city manager shall furnish a corporate surety bond approved by the city council in such sum the city council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager. The premium for the bond is a proper charge against the city. (Ord. 75-8 § 4, 1975)

2.08.050 Assistant city manager—Acting city manager.

The city council may also appoint an assistant city manager to serve as acting city manager during the temporary absence or disability of the city manager. If there is no assistant 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 by filing a written notice with the city clerk or the deputy or assistant city clerk. If the city manager’s absence or disability extends over a two-month period, the city council may appoint an acting city manager. (Ord. 75-8 § 5, 1975)

2.08.060 Compensation.

A.    The city manager shall receive such compensation as the city council may determine from time to time.

B.    The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

C.    On termination of employment of the city manager by involuntary removal from service other than for wilful misconduct in office, the city manager shall receive cash severance pay in the lump sum equal to one month’s pay for every year of continuous service or fraction as city manager, up to a total of four months’ pay. The severance pay is computed at the highest salary received by the city manager during his service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city. (Ord. 75-8 § 6, 1975)

2.08.070 Powers and duties.

The city manager is the administrative head of the government of the city, subject to the direction and control of the city council. He is 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 them, the city manager shall:

A.    Enforce the laws and ordinances of the city and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed;

B.    Control, order and give directions to all heads of departments and to subordinate officers and employees of the city who are subject to removal by him;

C.    Appoint, remove, promote and demote each officer and employee of the city, excepting the city attorney, subject to personnel ordinances, rules and regulations;

D.    Conduct studies and effect such administrative reorganization of offices, positions and units under his direction as are in the interest of efficient, effective and economical conduct of the city’s business;

E.    Recommend to the council for adoption such measures and ordinances as he considers necessary;

F.    Attend all meetings of the council unless he is excused by the mayor individually or the council, except when his removal is under consideration;

G.    Keep the council advised at all times as to the financial condition and needs of the city;

H.    Prepare and submit the proposed annual budget and the proposed salary plan to the council for its approval;

I.    See that no expenditures are submitted or recommended to the council except on approval of the city manager or his authorized representative. The city manager or his authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the city;

J.    Make investigations into the affairs of the city and each department and division of it and each contract and its proper performance by the city. The city manager shall investigate all complaints of matters concerning the administration of the city government and of the service maintained by public utilities in the city;

K.    Exercise general supervision over all public buildings, public parks, and all other public property under the control and jurisdiction of the council;

L.    Perform such other duties and exercise such other powers as the city council may delegate to him from time to time. (Ord. 96-25 § 1(2), 1996; Ord. 75-8 § 7, 1975)

2.08.080 Council-manager relations.

Each member of the city council shall deal with the administrative services of the city through the city manager, except for the purpose of inquiry. Neither the council nor a member of the council shall give orders or instructions to subordinates of the city manager. The city manager shall take his orders and instructions from the council only when the council is sitting in a duly convened meeting and no individual councilman shall give orders or instructions to the city manager. (Ord. 75-8 § 8, 1975)

2.08.090 Departmental cooperation.

Each subordinate officer and the city clerk, city treasurer and the city attorney shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 75-8 § 9, 1975)

2.08.100 Attendance at commission meetings.

The city manager may, and upon request of the city council shall, attend meetings of the planning commission and other commissions, boards and committees created by the council. At these meetings which the city manager attends, boards or committees shall hear the city manager upon matters which he wishes to address the members, and he shall inform the members as to the status of matters being considered by the council. He shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council. (Ord. 75-8 § 10, 1975)

2.08.110 Removal—Council vote—Notice.

The city manager may be removed only by a majority vote of the whole city council, as then constituted, convened in a regular council meeting, subject to Sections 2.08.120 through 2.08.150 of this chapter. In case of his removal by the council, the council shall furnish the city manager with a written notice stating the council’s intention to remove him at least thirty days before the effective date of his removal. If the city manager so requests, the council shall provide in writing reasons for the intended removal. The council shall provide the city manager with these written reasons within seven days after the receipt of a request from the city manager. The city manager shall make his request for the reasons in writing at least fifteen days before the effective date of his removal. (Ord. 75-8 § 11, 1975)

2.08.120 Removal—Hearing.

Within seven days after the delivery to the city manager of the notice of intention to remove, the city manager may request a hearing before the council by filing written notice with the city clerk or deputy or assistant city clerk. Thereafter, the council shall fix a time for the hearing. The council shall hold the hearing at its usual meeting place, before the effective date of the intended removal. At the hearing the city manager may appear and be heard with or without counsel. The purpose of the hearing is to allow the city manager to present to the council his grounds of opposition to his removal before the council acts. (Ord. 75-8 § 12, 1975)

2.08.130 Removal—Suspension pending hearing.

After furnishing the city manager with written notice of intended removal, the council may suspend him from duty, but his compensation continues until the effective date of his removal by action of the council taken after the hearing referred to in Section 2.08.120 of this chapter. (Ord. 75-8 § 13, 1975)

2.08.140 Removal—Discretion of council.

In removing the city manager, the council has absolute discretion and its action is final and conclusive and does not depend upon any particular showing or degree of proof at the hearing. (Ord. 75-8 § 14, 1975)

2.08.150 Removal—Limitations.

Notwithstanding Sections 2.08.110 through 2.08.140, the city manager may not be removed from office, other than for misconduct in office, during the period of one hundred eighty days following: 1) a general municipal election held in the city at which a member of the city council is elected, or 2) the time when a new city councilman is appointed. The purpose of this section is to allow each newly elected or appointed member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of his powers and duties of his office. (Ord. 75-8 § 15, 1975)

2.08.160 Agreements on employment.

This chapter is not a limitation on the power or authority of the city council to enter into a supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with this chapter. (Ord. 75-8 § 16, 1975)