Chapter 2.04
CITY MANAGER

Sections:

2.04.010    Office created.

2.04.020    Eligibility.

2.04.030    Bond.

2.04.040    Performance of duties during absence or disability.

2.04.050    Compensation.

2.04.060    Powers and duties.

2.04.070    Membership on boards and commissions.

2.04.080    Cooperation and assistance.

2.04.090    Orders and directions.

2.04.100    Removal – Procedure.

2.04.110    Removal – After election.

2.04.120    Inconsistent nomenclature.

2.04.130    Severability of provisions.

    Prior legislation: Ords. 38, 88 and 179.

2.04.010 Office created.

The office of the City Manager is established. The City Manager shall be appointed by the City Council solely on the basis of executive and administrative qualifications and abilities, and shall hold office at the pleasure of the City Council. (Ord. 1058 § 1, 1995)

2.04.020 Eligibility.

(A) Residence in the City at the time of appointment shall not be required as a condition of appointment.

(B) No person elected to the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such person has ceased to be a member of the City Council. (Ord. 1058 § 1, 1995)

2.04.030 Bond.

The City Manager may be required to furnish a corporate surety bond in an amount to be determined by the City Council, which surety bond shall be conditioned on the faithful performance of the duties imposed on the City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City. (Ord. 1366 § 1, 2008; Ord. 1058 § 1, 1995)

2.04.040 Performance of duties during absence or disability.

(A) The Assistant City Manager shall serve as City Manager pro tempore during any temporary absence or disability of the City Manager. In the event that both the City Manager and the Assistant City Manager are temporarily absent, disabled or unable to fulfill the duties of this office, then the Deputy City Manager shall serve as the City Manager pro tempore.

(B) In the case of the permanent absence or disability of the City Manager, the Assistant City Manager (or in the case of the permanent absence or disability of both the City Manager and the Assistant City Manager, then the Deputy City Manager) shall serve as City Manager pro tempore until the City Council designates the Assistant City Manager or any other duly qualified person to act as the interim City Manager to perform the duties of the City Manager until a new City Manager is appointed by the City Council. The City Council may require said interim City Manager to furnish a corporate surety bond conditioned upon the faithful performance of the duties required to be performed.

(C) In the event that both the Assistant City Manager and Deputy City Manager positions are vacant, the City Manager shall designate, in writing, individual department heads to serve as City Manager pro tempore during any short-term absence or temporary disability of the City Manager. In no event shall a department head occupy the designated position as City Manager pro tempore for more than 30 days without the consent of the City Council. No bond shall be required of any department head so designated. (Ord. 1437 § 2, 2013; Ord. 1366 § 2, 2008; Ord. 1058 § 1, 1995)

2.04.050 Compensation.

The City Manager of the City shall receive such compensation as the City Council shall from time to time determine and fix, and said compensation shall be a proper charge against such funds of the City as the City Council shall designate. (Ord. 1058 § 1, 1995)

2.04.060 Powers and duties.

The City Manager shall be the administrative head of the City government under the direction and control of the City Council, except as otherwise provided in this code. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the control of the City Manager. In addition to general powers as administrative head, and not as a limitation thereon, it shall be the City Manager’s duty, and the City Manager shall have the power:

(A) To ensure, in cooperation with the City Attorney, that all laws of the state pertaining to the City, and all laws and ordinances of the City, are duty enforced, and that all franchises, permits and privileges granted by the City are faithfully observed and performed;

(B) To control, order and give directions to all heads of departments, subordinate officers and employees of the City, except the City Attorney, City Clerk and the City Treasurer; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under the City Manager’s direction;

(C) To appoint, promote, discipline, demote and remove any officers or employees of the City, except the City Attorney, City Clerk and the City Treasurer;

(D) To exercise control over and to supervise in general all departments and divisions of the City, and all appointive officers and employees thereof, except the City Attorney, City Clerk and the City Treasurer;

(E) To attend all meetings of the City Council and its committees unless excused therefrom by the City Council, unless the City Manager’s removal is under consideration by the City Council;

(F) To recommend to the City Council for adoption such measures, actions, resolutions and ordinances as may be deemed necessary or expedient;

(G) To keep the City Council at all times fully advised as to the financial condition and needs of the City;

(H) To prepare and submit to the City Council the annual budget and to administer it after adoption;

(I) To purchase or cause to be purchased all equipment, services, materials and supplies for all departments or divisions of the City;

(J) To make investigations into the affairs of the City, and any department or division thereof, and any contract, or the proper performance of any obligation running to the City;

(K) To investigate all complaints in relation to matters concerning the administration of the City government, and the services provided by public utilities in the City;

(L) To exercise general supervision over all public buildings, public parks, streets, and other public properties which are under the control and jurisdiction of the City Council;

(M) To devote fully to the duties of this office and the interests of the City;

(N) To make reports and recommendations as may be desirable or as requested by the City Council;

(O) To serve in any appointed office, or as head of any department within the City government to which the City Manager may be qualified when appointed thereto by the City Council, and to hold and perform the duties thereof at the pleasure of the City Council;

(P) To provide leadership for civic activities designed to benefit the residents of the City when so authorized by the City Council;

(Q) To perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance, resolution or motion of the City Council; and

(R) To review all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative matters requiring Council action may be acted upon between City Council meetings. Such correspondence may be copied for administrative purposes and shall be delivered to Councilmembers in a timely manner. Correspondence addressed to an individual Councilmember shall not be duplicated, reproduced or otherwise copied, and the contents thereof shall not be divulged to any other person, unless written consent from the addressee has been obtained. Any correspondence addressed to individual Councilmembers which is marked “PERSONAL,” “PRIVATE,” “CONFIDENTIAL” or with other similar words or phrases on the envelope, wrapper or cover which would indicate the sender intended the contents to be seen only by the eyes of the addressed Councilmember shall not be opened by the City Manager except by written consent of the addressee and shall be delivered to that Councilmember in a timely manner.

(S) The authority to approve and execute on behalf of the City compromise and settlement agreements and/or releases for disputes, claims and/or lawsuits up to a maximum value of $50,000 exclusive of City costs and attorney fees, with the advise and consent of the City Attorney and as per State and local law. The City Manager shall annually compile a confidential report in cooperation with the City Attorney on all such agreements or releases, including the name(s) of the opposing party, significant terms, settlement amount and date. The City Attorney shall provide such confidential report to the City Council under seal of the attorney-client and attorney work-product privileges if he or she deems such necessary. (Ord. 1439 § 1, 2013; Ord. 1424 § 1, 2011; Ord. 1399 § 2, 2010; Ord. 1299 §§ 2, 3, 2007; Ord. U-1299 §§ 2, 3, 2006; Ord. 1202 § 1, 2002; Ord. 1058 § 1, 1995)

2.04.070 Membership on boards and commissions.

The City Manager shall be an ex officio member of all boards and commissions appointed by the Mayor or the City Council pursuant to law, with a right to participate in all deliberations or actions but without vote. (Ord. 1058 § 1, 1995)

2.04.080 Cooperation and assistance.

It shall be the duty of the City Attorney, City Clerk, City Treasurer and all subordinate officers to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and the ordinances of the City. (Ord. 1202 § 2, 2002; Ord. 1058 § 1, 1995)

2.04.090 Orders and directions.

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, and neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager. No member of the City Council shall demand the appointment or removal of any person by the City Manager. (Ord. 1058 § 1, 1995)

2.04.100 Removal – Procedure.

(A) The removal of the City Manager shall be only on a majority vote of the whole City Council, subject, however, to the provisions of PMC 2.04.110. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice stating that the City Council’s intention is to remove the City Manager and the reasons therefor at least 30 days before the effective date of any such removal.

(B) Within seven days after delivery to the City Manager of such notice, the City Manager may, by written notification to the Mayor, request a public hearing before the City Council. Thereafter, the City Council shall fix a time for a public hearing, which shall be held at its usual meeting place, but before the expiration of the 30-day period, and at which time the City Manager shall have the opportunity to appear and be heard.

(C) After furnishing the City Manager with written notice of intended removal, the City Council may suspend the City Manager from duty, but compensation shall continue until removal of the City Manager by resolution of the City Council adopted subsequent to the aforesaid public hearing.

(D) In removing the City Manager, the City Council shall have absolute 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 the hearing is to allow the City Manager to publicly present to the City Council any and all grounds for opposition to removal prior to its action. (Ord. 1058 § 1, 1995)

2.04.110 Removal – After election.

Notwithstanding the provisions of this chapter, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election, at which election a member of the City Council is elected. The purpose of this provision is to allow any new-elected member of the City Council, or a reorganized City Council, to observe the actions and abilities of the City Manager in the performance of the powers and duties of this office. After the expiration of said 90-day period, the provisions of PMC 2.04.100 relating to the removal of the City Manager shall be applicable. (Ord. 1058 § 1, 1995)

2.04.120 Inconsistent nomenclature.

Wherever it appears in this code, or in any ordinance or resolution previously adopted by the City Council or by any of the City’s boards or commissions, the term “City Administrator” shall be construed to mean “City Manager.” (Ord. 1058 § 1, 1995)

2.04.130 Severability of provisions.

If any part of this chapter is found to be illegal, invalid or unconstitutional by a court of competent jurisdiction, the provision(s) found to be illegal, invalid or unconstitutional shall be severed and all the other provision(s) shall remain in full force and effect. (Ord. 1058 § 1, 1995)