Chapter 2.10
CITY MANAGER1
Sections:
2.10.010 Created.
2.10.020 Appointment.
2.10.030 Eligibility of council members.
2.10.040 Bond.
2.10.050 Compensation.
2.10.060 Acting city manager.
2.10.070 Powers and duties.
2.10.080 Removal from office.
2.10.090 Exclusion from personnel merit system.
2.10.100 Relationship to council.
2.10.110 Cooperation of city officers and employees.
2.10.120 Political activity prohibited.
2.10.010 Created.
The office of city manager is created. (1991 code § 2-6.1)
2.10.020 Appointment.
The city manager is appointed by the council solely on the basis of his or her executive and administrative qualifications and ability. He or she holds office at the pleasure of the council. (1991 code § 2-6.2)
2.10.030 Eligibility of council members.
No person elected to membership on the city council is eligible for appointment as city manager until two years after he or she ceases to be a member of the council. (1991 code § 2-6.3)
2.10.040 Bond.
The city manager shall furnish a corporate surety bond in the form and amount approved by the council. 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. (1991 code § 2-6.4)
2.10.050 Compensation.
The city manager is entitled to such compensation and expense allowances as the council determines. (1991 code § 2-6.5)
2.10.060 Acting city manager.
The city manager shall designate one of the other officers or department heads of the city to serve as acting city manager during the absence or disability of the city manager. In case of the absence or disability of the city manager and his or her failure to designate an acting city manager, the council may designate a qualified person to perform the duties of the city manager during the period of absence or disability of the city manager. The acting city manager shall furnish a corporate surety bond as in the case of the city manager. (1991 code § 2-6.6)
2.10.070 Powers and duties.
The city manager is the administrative head of the government of the city under the direction and control of the council. He or she is responsible for the efficient administration of all affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, he or she has the following specific responsibilities:
A. To see that all laws and ordinances of the city are enforced and that all franchises, permits and privileges granted by the city are faithfully observed;
B. To control and give directions to the heads of departments and to each subordinate officer and employee of the city through his or her department head, to transfer an employee from one department to another, and consolidate or combine offices, positions, departments, or units under his or her direction;
C. Subject to personnel regulations, to appoint, remove and demote any appointive officer and employee except the city attorney;
D. To represent the city in its negotiations and working relationships with the state, the county and other governmental jurisdictions, except that each contract negotiated for the exchange of services for another governmental jurisdiction is subject to approval by the council;
E. To attend meetings of the council unless excused by the council;
F. To recommend to the council those measures he or she considers necessary or expedient;
G. To keep the council fully advised as to the financial condition and needs of the city;
H. To prepare and submit the proposed annual budget and the proposed salary plan to the council for approval;
I. To direct and supervise the purchase and acquisition of all property, equipment, services, materials and supplies for the city, provided the acquisition is approved by the council or is included in a budget which is approved by the council. No expenditure may be submitted or recommended to the council until it is approved by the city manager;
J. To make investigations into the affairs of the city and enter into any contract for the proper performance of obligations running to the city;
K. To investigate complaints in relation to matters concerning the administration of the city government, and in regard to services maintained by public utilities in the city government, and in regard to services maintained by public utilities in the city; and to see that every franchise, permit and privilege granted by the city is faithfully performed and observed;
L. To exercise general supervision over public buildings, public parks and all other public property which falls under the jurisdiction of the council;
M. To devote full time to the duties of his or her office and the interests of the city;
N. To perform such other duties and exercise such other powers as the council delegates to him or her;
O. To attend the meeting of each commission and board created by the council upon his or her own volition or upon direction of the council. At each such meeting which he or she attends, the commission or board shall hear the city manager as to every matter upon which he or she wishes to address them;
P. To sign all written contracts and conveyances made or entered into by the city, when authorized to do so by the city council. (Ord. 725 § 1, 1998; 1991 code § 2-6.7)
2.10.080 Removal from office.
A. Methods. The city manager may be removed only at a regular meeting of the council and only in accordance with one of the following methods:
1. A resolution adopted by unanimous vote of all the members of the council, setting forth the reasons for removal. In this event, the removal is effective when specified in the resolution;
2. A resolution adopted by a vote of three or more members of the council, but less than a unanimous vote of all of the members of the council, setting forth the reason for removal. In this event the removal is effective 30 days after adoption of the resolution; provided, that at the regular meeting of the council preceding the expiration of the 30-day period, a second resolution of removal is adopted by a vote of at least three members of the council.
B. Exception. The council may not remove the city manager from office during or within a period of 90 days next succeeding a general municipal election held in the city at which election a member of the council is elected. After the expiration of this 90-day period, the provisions of subsection A of this section apply. (1991 code § 2-6.8)
2.10.090 Exclusion from personnel merit system.
The office of the city manager is specifically excluded from the personnel merit system of the city and the city manager is not entitled to the benefits, advantages, or protection of the personnel merit system. He or she is not subject to the procedures in the system. (1991 code § 2-6.9)
2.10.100 Relationship to council.
The council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry. Neither the council nor a council member shall give an order to the subordinates of the city manager. (1991 code § 2-6.10)
2.10.110 Cooperation of city officers and employees.
Every subordinate officer and employee and the city attorney shall cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as is consistent with their duties. (1991 code § 2-6.11)
2.10.120 Political activity prohibited.
The city manager is prohibited from engaging in political activity, either by soliciting funds or actively supporting any municipal official or candidate. (1991 code § 2-6.12)
Editor’s note: For statutory provisions regarding the city manager, see Government Code sections 34850 through 34856.