Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office established – Appointment.
2.08.020 Residence in city.
2.08.030 Bond.
2.08.040 Manager pro tempore.
2.08.050 Compensation.
2.08.060 Powers and duties.
2.08.065 Emergency authority.
2.08.070 Relationship of council, city employees and manager.
2.08.080 Assistance from subordinate officers.
2.08.090 Meeting attendance.
2.08.100 Removal.
2.08.110 Benefits.
2.08.010 Office established – Appointment.
A. The office of the city manager is hereby created and established.
B. From time to time, when a vacancy exists in the position of city manager, the city council shall establish a procedure designed to select from the best qualified persons a city manager. Appointment shall be made by the city council by a majority vote of the city council, solely on the basis of the candidate’s executive and administrative qualifications and ability, with special reference to actual experience in or knowledge of accepted practices of municipal administration, and the city manager shall hold office at and during the pleasure of the city council.
C. No person elected as a councilman of the city shall, subsequent to such election, 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. 351 § 1 (part), 1980)
2.08.020 Residence in city.
Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within a time to be established by the city council, in consultation with persons offered the appointment as city manager, the city manager shall establish residence within a distance of the city established by the city council. Thereafter, the city manager shall maintain a residence within that distance established by the city council. (Ord. 351 § 1 (part), 1980)
2.08.030 Bond.
The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 351 § 1 (part), 1980)
2.08.040 Manager pro tempore.
The city manager shall appoint, subject to the 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 the city manager’s failure to so appoint a manager pro tempore, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of the city manager, subject, however, to that person’s furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 2.08.030. (Ord. 351 § 1 (part), 1980)
2.08.050 Compensation.
A. The city manager shall receive such compensation and expense allowance as the city council, from time to time, determines and fixes by ordinance or resolution, and the compensation and expense allowance shall be a proper charge against such funds of the city as the city council designates.
B. The city manager shall be reimbursed for all such sums necessarily incurred or paid by the city manager in the performance of his or her duties or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the city council and by the city council duly approved and allowed. (Ord. 351 § 1 (part), 1980)
2.08.060 Powers and duties.
A. 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:
B. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to the city manager’s general powers as administrative head, and not as a limitation thereon, the city manager shall have the following powers and duties:
1. It shall be the duty of the city manager and the city manager shall have the power to see that all laws and ordinances of the city are duly enforced, and that all franchises, permits and privileges granted by the city are faithfully observed;
2. It shall be the duty of the city manager and the city manager shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;
3. It shall be the duty of the city manager and the city manager shall have the power to appoint, remove, promote and demote any and all officers and employees of the city except the city clerk, city treasurer and city attorney, subject to the rules and regulations of the civil service commission;
4. 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;
5. To attend all meetings of the city council of the city unless excused therefrom by the council, except when the city manager’s removal is under consideration by the council;
6. To recommend to the city council for adoption such measures and ordinances as the city manager deems necessary or expedient;
7. To keep the city council at all times fully advised as to the financial conditions and needs of the city;
8. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval and to be responsible for efficient administration of both budget and salary plan after their adoption by the city council;
9. To purchase all supplies for all departments or divisions of the city. No expenditure shall be submitted to the city council except on report or approval of the city manager;
10. To make investigations into the affairs of the city and any department or division thereof and any contract thereof, and any contract or the proper performance of any obligations running to the city;
11. To investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city;
12. To exercise general supervision over all public buildings, public parks and all other public property under the control and jurisdiction of the city council;
13. To perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other action of the city council;
14. To devote his or her entire time to the duties of the office in the interests of the city;
15. To make and keep up-to-date, an inventory of all property, real and personal, owned by the city and to recommend to the city council the purchase of new machinery, equipment and supplies whenever in the city manager’s judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equipment, etc., in use;
16. To receive and open all mail addressed to the city council as a body and give immediate attention thereto to the end that all administrative business referred to in such communications and not necessarily requiring councilmanic action, may be disposed of between council meetings; provided, that all actions taken pursuant to such communications shall be reported to the city council at its next regular meeting thereafter;
17. Whenever, in the ordinances of this city, it is provided that anything shall be done or may be done by an officer therein designated by a title which no longer exists, as used therein, the duty or authority to do such thing shall rest upon the city manager, or, as to departments under the city manager’s control, by his or her order, upon such department or the person therein designated by the city manager as the successor of such duty or authority of the officer originally referred to;
18. No person related to the city manager or the city manager’s spouse by consanguinity or affinity within the third degree shall hold any appointive office with the city;
19. The city manager shall not take part in securing, nor shall the city manager contribute any money toward, the nomination or election of any candidate for a municipal office. (Ord. 351 § 1 (part), 1980)
2.08.065 Emergency authority.
A. In the event of an emergency, the city manager may repair, prevent further damage to, or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without compliance with any bidding procedure otherwise required by law, provided that the total expenditures for such actions do not exceed one hundred thousand dollars for any one declared disaster or emergency. In addition, the city manager may authorize such an expenditure in excess of one hundred thousand dollars, but less than five hundred thousand dollars, if the city manager has first consulted with and received the concurrence of a member of the city council, in the following order of priority: the mayor; mayor pro tem; or one of the other city council members.
B. Prior to taking any action pursuant to subsection A of this section, the city manager shall determine, based on substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids and that such action is necessary to respond to the emergency, and shall consult with one of the city council members, if any one of them is available, in the following order of priority: the mayor; mayor pro tem; or one of the other city council members.
C. The city manager shall report any action taken pursuant to subsection A of this section to the city council at a meeting of the city council to be called within seven days after such action is taken, or at the next regularly scheduled meeting of the city council after such action is taken if such meeting is held not later than fourteen days after such action is taken. The report shall contain the reasons justifying why the emergency did not permit solicitation for bids and why the action taken was necessary to respond to the emergency. If such action has not been completed or terminated by the time of such meeting, the city council shall review the action and may continue it only if the city council determines by a four-fifths vote that there is a need to continue such action. Such review shall thereafter occur at each succeeding regularly scheduled meeting of the city council until the action is terminated.
D. The city manager and city council shall terminate any action taken without bid pursuant to this section at the earliest possible date that conditions warrant so that the remainder of any emergency action needed may be completed by giving notice for bids to let contracts.
E. For purposes of this section only, "emergency" shall mean a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services.
F. This section shall be deemed a delegation of the city council’s authority to take action pursuant to Public Contract Code Section 22050 if the city manager determines such action must be taken prior to the time a meeting of the city council may be convened. (Ord. 674 § 1, 2006: Ord. 589 § 1, 1995)
2.08.070 Relationship of council, city employees and manager.
The city council and its members shall deal with the administrative services of the city only through the city manager and neither the city council, nor any member thereof, shall give orders to any subordinates of the city manager. (Ord. 351 § 1 (part), 1980)
2.08.080 Assistance from subordinate officers.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney 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 ordinances of this city. (Ord. 351 § 1 (part), 1980)
2.08.090 Meeting attendance.
The city manager may attend any and all meetings of the planning and parks commission, traffic committee and any other committees or boards created by the city council, upon his own volition or upon direction of the city council. At any such meetings at which the city manager attends, the city manager shall be heard by such commission, committees and boards as to all matters upon which he or she wishes to address them. (Ord. 351 § 1 (part), 1980)
2.08.100 Removal.
A. The removal of the city manager shall be only upon a four-fifths majority vote of the whole council of the city, subject, however, to the provisions set forth in this section.
B. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him or her and the reason therefor, at least thirty days before the effective date of removal.
C. Within seven days after the delivery to the city manager of such notice the city manager may, by written notification to the city clerk, 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, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard, with or without counsel.
D. After furnishing the city manager with written notice of intended removal, the city council may suspend the city manager from duty, but the city manager’s compensation shall continue until his or her removal by resolution of the council passed subsequent to the aforesaid hearing.
E. 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 to the city council grounds of opposition to his or her removal prior to its action.
F. Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager shall not be removed from office during or within a period of ninety 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 powers and duties of the office. After the expiration of the ninety-day period aforementioned, the provisions of the preceding paragraphs as to the removal of the city manager shall apply and be effective. (Ord. 351 § 1 (part), 1980)
2.08.110 Benefits.
The city manager shall receive such benefits as the city council may provide by contract and shall receive no benefits other than the compensation fixed in the contract and such other benefits as expressly called for in the contract. In the event there is no contract provision controlling the compensation and benefits of the city manager, the city manager shall receive the benefits the city council authorizes. (Ord. 498 § 1, 1989)