Chapter 1.06
CITY MANAGER
Sections:
1.06.020 Administrative head of City.
1.06.030 Council-Manager relations.
1.06.040 City Manager’s duties.
1.06.050 City Manager’s powers.
1.06.090 Removal of City Manager.
1.06.010 Office created.
The office of City Manager of the City is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications. He shall hold office for an indefinite term, at the pleasure of the City Council, and shall receive such compensation as the Council may provide.
A. Probationary Period. The City Manager shall be considered to be in a probationary period for six months after his appointment, and during such six-month period may be discharged without notice by the City Council.
B. Residence Requirements. Residence in the City at the time of appointment shall not be required as a condition of employment; however, residence in, or in reasonable proximity to, the City shall be established not later than 90 days after the expiration of the probationary period.
C. Eligibility. No City Councilman shall be eligible for appointment as City Manager until two years have elapsed after such Councilman has ceased to be a member of the City Council. (Ord. 2004-1 § 1, 2-10-2004)
1.06.020 Administrative head of City.
The City Manager shall be the administrative head of the City government under the direction and control of the Council, except as otherwise provided in this chapter. He shall also serve as the Chief Financial Officer and Director of Public Safety. He shall have authority over all department heads and employees except the City Treasurer and City Attorney. (Ord. 2014-9 § 1, 10-28-2014; Ord. 2004-1 § 1, 2-10-2004)
1.06.030 Council-Manager relations.
The City Council and its members shall deal with the administrative services of the City only through the City Manager. The City Manager shall take his orders and instructions from the City Council as a body, and no individual Councilman shall give any orders or instructions to the City Manager or his subordinates. When a decision has been made by the City Council as a body, it shall be final and conclusive. Further reference to any such decision to the Council shall not be made by the City Manager except to the Council as a whole.
A. The City Manager shall attend all meetings of the City Council unless excused therefrom by the Mayor or the City Council, except when his removal is under consideration by the City Council. The City Manager shall, upon direction of the Council, attend any and all meetings of the Planning Commission, Recreation Commission and any other commissions, boards or committees created by the Council. He shall inform such members as to the status of any matter being considered by the Council and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the Council.
B. The City Manager shall have a seat at the Council table and may take part in Council discussions, but shall not have a vote. He shall have the power to appear and address the Council or any of its boards or commissions at any meeting.
C. The City Manager shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. He shall keep the City Council at all times fully advised as to the financial conditions and needs of the City, and shall make such reports as may be desirable or as requested by the City Council. (Ord. 2004-1 § 1, 2-10-2004)
1.06.040 City Manager’s duties.
The City Manager 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 power to:
A. Enforcement of Laws. See that the laws of the State of California pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed.
B. Appoint, Dismiss Employees. Appoint and promote, discipline, suspend or dismiss all employees of the City except the City Attorney and City Treasurer. No department head shall be appointed or removed until the City Manager shall have first reviewed such appointment or removal with the City Council in executive session.
The City Manager shall provide a merit-principle personnel system for employees of the City, except for the City Attorney and City Treasurer, and may designate an employee responsible to him to administer said personnel system.
C. Appoint to Acting Capacity. Designate himself or some employee to perform the duties of any office or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent.
D. Purchases. Purchase, or cause to be purchased by some employee designated by him, all services, supplies and equipment for all of the departments or divisions of the City. All purchases and expenditures for purchases shall be made in accordance with procedures adopted by resolution of the City Council.
E. General Services. Provide for the proper administration and management of all other City affairs and properties which are not otherwise reserved to the City Council.
F. Annual Report. Prepare and present to the Council an annual report of the City’s affairs, including a summary of reports of department heads and such other reports as the Council shall require.
G. Annual Budget and Capital Program. Prepare and submit to the Council an annual budget and capital program for each ensuing fiscal year, based upon estimates of financial needs and resources of the City.
H. Miscellaneous Duties. Serve in any appointed office within the City government to which he may be qualified when appointed thereto by the City Council, and to hold and perform duties thereof at the pleasure of the City Council.
I. The City Manager shall investigate all complaints related to matters concerning the administration of the City government or services of public utilities in the City.
J. The City Manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by action of the City Council. (Ord. 2004-1 § 1, 2-10-2004)
1.06.050 City Manager’s powers.
The City Manager shall have the power and authority to properly perform any duty assigned to him by the City Council or by other process of law. In general, his powers shall include:
A. Prescribe Rules. The power to prescribe such rules and regulations as he shall deem necessary for the conduct of administrative agencies subject to his authority.
B. Investigate. The power to investigate and to examine or inquire into the affairs or operations of any department, division or office and any contract, or the proper performance of any obligations of or to the City, and when so authorized by the Council, he shall have the power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.
C. Overrule Officials. The power to set aside any action taken by a department head and may supersede him in the functions of his office.
D. Delegate Duties. The power to direct any department, division or bureau or perform the work for any other department, division or bureau.
E. Appoint Administrative Committees. The power to designate from the administrative service such committees and the officers thereof as he shall find necessary for the proper consideration of administrative problems.
1.06.060 Acting City Manager.
The City Manager shall designate, subject to approval of the City Council, one of the other employees or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. In the event that the City Manager does not recommend the appointment, the City Council shall name an Acting City Manager.
1.06.070 Bond.
The City Manager and Acting City Manager shall be bonded to assure the faithful performance of the duties imposed on them as herein prescribed. Such bond may be part of a blanket surety bond and premium for same shall be a proper charge against the City.
1.06.080 Expenses.
The City Manager shall be reimbursed for all sums necessarily incurred by him in the performance of his duties or incurred while traveling on business pertaining to the City, under direction of the City Council. Reimbursement shall only be made, however, when an itemized claim setting forth the sums expended, and for which reimbursement is requested, has been presented to the City Council for approval.
1.06.090 Removal of City Manager.
The removal of the City Manager shall be only upon a majority vote of the whole Council in regular Council meeting, all five members being present; subject, however, to the provisions of the next succeeding subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with written notice stating the Council’s intention to remove him, at least 30 days before the effective date of his removal, which shall be shown upon the written notice. If the City Manager so requests, the City Council shall provide, in writing, reasons for the intended removal, which shall be provided the City Manager within seven days after the receipt of such request from the City Manager, and at least 15 days prior to the effective date of such removal.
A. Hearing. Within seven days after the delivery to the City Manager of such notice, he may, by written notification to the City Council, 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, at which the City Manager may appear and be heard.
B. Suspension Pending Hearing. After furnishing the City Manager with a written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by action of the Council, passed subsequent to the aforesaid hearing.
C. Discretion of 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 is to allow the City Manager to present his grounds of opposition to his removal.
D. Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, 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 duties of his office. After the expiration of said 90 days aforementioned, the provisions of this section as to the removal of said City Manager shall apply and be effective. (Ord. 286, 12-9-1975)