Chapter 2.15
CITY MANAGER
Sections:
2.15.010 Short title, purpose and scope.
2.15.020 Statutory authority – Enforcement authority.
2.15.040 Office created – Terms.
2.15.010 Short title, purpose and scope.
(1) This chapter shall be known and cited as the “City Manager Ordinance.”
(2) The purpose of the City Manager Ordinance is to set forth the office of City Manager of the City of Rio Dell.
(3) The provisions adopted in this chapter shall not be exclusive but shall be cumulative and complementary to any other provisions of Rio Dell City ordinances and County, State and Federal laws. Nothing in this chapter shall be read, interpreted or construed so as to limit any existing right, power or authority of the Mayor or the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this chapter. [Ord. 242 Art. 1, 2002.]
2.15.020 Statutory authority – Enforcement authority.
This chapter is enacted pursuant to California Government Code Section 34851 et seq. [Ord. 242 Art. 2, 2002.]
2.15.030 Form of government.
Rio Dell’s form of government is Council-Manager, with the Mayor appointed by the Council. [Ord. 242 Art. 3, 2002.]
2.15.040 Office created – Terms.
(1) Office Created. The office of City Manager of the City is created and established. The Council shall interview qualified candidates and appoint a City Manager by majority vote in executive session.
(2) Appointment. The City Manager shall be appointed by the City Council solely on the basis of his/her executive skills, administrative ability and qualifications, and shall hold office at the pleasure of the Council.
(3) Residency. Residence in the City at the time of appointment of a City Manager shall not be required. Residency after appointment is desirable.
(4) Councilmember Eligibility. No Mayor or member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Mayor or Councilmember has ceased to be a Mayor or member of the City Council.
(5) Acting City Manager. 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 Acting City Manager during any temporary absence or disability of the City Manager. In the event of failure to make such appointment, the City Council shall appoint an Acting City Manager.
(6) Background Investigation. The City Council shall arrange for a background check of the City Manager candidate prior to appointment, which shall include at least a U.S. Department of Justice (fingerprint) check, verification of employment history, reference checks, and education background. The resulting background report and information shall be considered by the City Council in executive session.
(7) Compensation. The City Manager shall receive such compensation as the City Council shall from time to time determine, unless the City Manager serves under an employment contract and then the compensation shall be according to the terms of the employment contract. Compensation may be based on a salary or hourly basis, and based on full-time or part-time basis.
(8) The City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties. Reimbursement requires the preparation of an itemized claim, setting forth the sums expended for which reimbursement is requested, in accordance with the City’s reimbursement policy. [Ord. 242 Art. 4, 2002.]
2.15.050 Powers and duties.
(1) General. 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. He/she shall be responsible for the efficient administration of all the affairs of the City under his/her control.
(2) Law Enforcement. It shall be the duty of the City Manager to see that the laws of the State 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.
(3) Authority over Department Heads and Employees. It shall be the duty of the City Manager to control, order, and give directions to all heads of departments and subordinate officers and employees of the City through their department heads.
(4) Appointment and Removal of Employees. It shall be the duty of the City Manager to appoint, remove, promote, demote, suspend, or dismiss all officers and employees of the City, except the City Attorney and City Engineer, subject to all applicable personnel ordinances, rules and regulations. The City Attorney and City Engineer are contract employees.
(5) Administrative Reorganization. It shall be the duty and responsibility of the City Manager to conduct studies for the improvement of the administrative organization, its offices, positions, or units as may be indicated for the efficient, effective, and economical conduct of the City’s business and services.
(6) Legislative Recommendations. It shall be the duty of the City Manager and he/she shall recommend to the City Council for adoption such measures, ordinances, and resolutions as he/she deems necessary or expedient.
(7) Meeting Attendance. The City Manager shall attend all meetings of the City Council unless at his/her request he/she is excused by the City Council, except when his/her removal is under consideration by the City Council. The City Manager shall attend other meetings as requested by the City Council.
(8) Financial Reports. The City Manager by written report shall keep the City Council fully advised at all times as to the financial condition and needs of the City.
(9) Budget Preparation. It shall be the duty of the City Manager 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 the efficient administration of the budget after its adoption by the City Council.
(10) Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditure is incurred, or submitted to the City Council, except on approval of the City Manager or his authorized representative. The City Manager or his authorized representative shall purchase or cause to be purchased all supplies for all departments of the City. The City Manager will follow Chapter 3.30 RDMC. This section does not hinder a Councilmember’s reimbursement for expenses per California Government Code Section 36514.5.
(11) Investigations and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division, and any contract or the proper performance of any obligation of the City. Further, it shall be the duty of the City Manager 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) Supervision of Public Property. It shall be the duty of the City Manager and he/she shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City.
(13) Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance, resolution, or action of the City Council. [Ord. 242 Art. 5, 2002; Ord. 213A §§ 2.01.002, 2.04.001 – 2.04.003, 2.60.004, 2.74.001, 1992.]
2.15.060 City Clerk.
The City Clerk is defined for operational identity and serves as defined by law, ordinance, resolution and direction of the City Manager. The City Manager may serve as City Clerk in addition to his/her other duties. [Ord. 213A § 2.05.001, 1992.]
2.15.070 Internal relations.
(1) Council-Manager. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry, and neither the City Council nor any of its members shall give orders or instructions to any subordinate of the City Manager. The City Manager shall take his/her orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager.
(2) Departmental Cooperation. It shall be the duty of all subordinate officers and the City Engineer and Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.
(3) Boards, Committees, and Commissioners. The City Manager shall provide staff support to the Planning Commission and shall attend all of their meetings. The City Manager may attend any other commissions, boards, or committees created by the City Council, upon his/her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he/she shall be heard by such commissions, boards, or committees as to all matters upon which he/she wishes to address members thereof and he/she shall inform the members as to the status of any matter being considered by the City Council, and he/she shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council. [Ord. 242 Art. 6, 2002.]
2.15.080 Removal.
(1) The removal of the City Manager shall be effected only by majority vote of the whole City Council as then constituted.
(2) Employment is “at-will.”
(3) The City Manager shall not be removed from office, other than for misconduct in office, during the period of 90 days following any general municipal election held in the City of Rio Dell at which time a member of the Council is elected, or within 90 days after a new Councilmember is appointed. The purpose of this provision is to allow any new member of the Council, or reorganized Council, an opportunity to observe the actions and ability of the City Manager in the performance of his/her duties. After the expiration of the 90-day period, the other provisions of this chapter shall apply.
(4) Council Discretion. In removing the City Manager, the City Council shall use its discretion and its action shall be binding and final. [Ord. 242 Art. 7, 2002; Ord. 213A §§ 2.70.001, 2.70.002, 1992.]